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Home My WebLink About03/27/2006 Council PacketSUMMARY MINUTES CITY COUNCIL WORK SESSION March 27, 2006 5:30 p.m. Council Work Room (not televised) CITY OF LINO LAKES City Council Meeting Monday, March 27, 2006 6:30 p.m. Council Chambers (Scheduled to be broadcast on Channel 16) Previous to the City Council Meeting, the following officers were given the Oath the Office or were promoted to the rank of Sergeant for the Lino Lakes Police Department: - Open Mike Officer Joel Martin Officer Vince Klosner Officer Tanya Tamm Officer Curt Boehme Sergeant Kelly McCarthy Sergeant Kyle Leibel NO ONE PRESENT WHO WISHED TO SPEAK - Call to Order and Roll Call (6:30 PM — COUNCIL MEMBER O'DONNELL ABSENT) - Pledge of Allegiance - Setting the Agenda: Addition or deletion of agenda items REVISED AGENDA AMENDED TO MOVE ITEM 1Bii TO 6B 1. Consent Agenda - A) Consideration of Expenditures: Pg 4 -18 i) March 27, 2006 (Check No. 76182 through 76293 in the amount of $391,387.65; ii) Centennial Fire District (Check No. 15097 through Pg 19 15115 in the amount of $6,018.70 B) Community Development Department Report, Michael Grochala i) Consideration of Resolution No. 06 -39, Approving Summary Pg 20 -21 of Ordinance 02 -06, for the Legacy at Woods Edge Signage Criteria, Paul Bengtson SUMMARY MINUTES ii) Municipal State Aid Streets, Jim Studenski a. Consideration of Resolution No. 06 35, Revoking Municipal State Aid Street Designation (MSA 210 120 010) Pg 22 23 b. Consideration of Resolution No. 06 36, Establishing Pg 24 25 Municipal State Aid Streets iii) Consideration of Resolution No. 06 -52, Approving Payment Request No. 1 and Change Order No. 1, 2006 Ditch and Pond Cleaning Projects, Jim Studenski Pg 26 -31 MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER CARLSON, TO APPROVE THE CONSENT AGENDA, ITEM 1A AND 1B (EXCEPT Bii). MOTION PASSED UNANIMOUSLY (ABSENT O'DONNELL) 2. Finance Department Report, Al Rolek None 3. Administration Department Report, Dan Tesch A) Charter Amendment: First Reading of Ordinance No. 04 -06 Relating to Chapter 2 of the Lino Lakes City Charter, Amending Section 2.04 to add language regarding incompatible offices, Julie Bartell (roll call vote) Pg 32 -41 MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER CARLSON, TO APPROVE FIRST READING OF ORDINANCE NO 04 -06. MOTION PASSED UNANIMOUSLY (ABSENT O'DONNELL) B) Drug Lab Ordinance, First Reading of Ordinance No. 03 -06 Repealing Ordinance No. 21 -01 entitled Nuisances: Health Risk Exposure at Clandestine Drug Lab Sites and Chemical Dump Sites Declared to be a Nuisance, removing language from the Lino Lakes Code of Ordinances that is now covered by State law and designated as county authority, as recommended by the City Attorney, Julie Bartell (roll call vote) Pg 42 -53 MOTION BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER STOLTZ, TO APPROVE FIRST READING OF ORDINANCE NO 03 -06. MOTION PASSED UNANIMOUSLY (ABSENT O'DONNELL) SUMMARY MINUTES C) Conditional employment offer to Carol Danielson for Receptionist /Secretary position MOTION BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER REINERT, TO APPROVE A CONDITIONAL OFFER OF EMPLOYMENT TO CAROL DANIELSON. MOTION PASSED UNANIMOUSLY (ABSENT O'DONNELL) 4. Public Safety Department Report, Dave Pecchia None 5. Public Services Department Report, Rick DeGardner None 6. Community Development Department Report, Michael Grochala A) Miller's Crossroads 3rd Addition i. Consideration of Resolution No. 06 -47, Approving Development Pg 55 -70 Contract, Jim Studenski MOTION BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER STOLTZ, TO APPROVE RESOLUTION 06 -47. MOTION PASSED WITH COUNCIL MEMBER REINERT VOTING NAY (ABSENT O'DONNELL) ii. Consideration of Resolution No. 06 -29, Approving Final Plat, Pg 71 -75 Jeff Smyser MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER CARLSON, TO APPROVE RESOLUTION 06 -29. MOTION PASSED WITH COUNCIL MEMBER REINERT VOTING NAY (ABSENT O'DONNELL) iv) Municipal State Aid Streets, Jim Studenski a. Consideration of Resolution No. 06 -35, Revoking Municipal State Aid Street Designation (MSA 210 - 120 -010) Pg 22 -23 MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER CARLSON, TO APPROVE RESOLUTION 06 -35. MOTION PASSED UNANIMOUSLY. (ABSENT O'DONNELL) b. Consideration of Resolution No. 06 -36, Establishing Pg 24 -25 Municipal State Aid Streets MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT, TO APPROVE RESOLUTION 06 -36. MOTION PASSED UNANIMOUSLY. (ABSENT O'DONNELL) SUMMARY MINUTES 7. Unfinished Business A) None. 8. New Business A) Consider March 13, 2006 City Council Meeting Minutes Pg 76 -80 Council Member Carlson and MayorBergeson absent B) Consider March 13, 2006 Council Work Session Minutes Pg 81 -84 Council Member Carlson and MayorBergeson absent MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER STOLTZ, TO TABLE THE MINUTES OF MARCH 13, 2006. MOTION PASSED UNANIMOUSLY. (ABSENT O'DONNELL) C) Resolution 06 -54 supporting the passage of State of Minnesota Legislation (H.F 3805 and S.F. 3526) designating a segment of Interstate Highway 35W as "Shawn Silvera Memorial Highway ". MOTION BY COUNCIL MEMBER REINERT, SECONDED, TO APPROVE RESOLUTION 06 -54. MOTION PASSED UNANIMOUSLY. (ABSENT O'DONNELL) 9. Community Calendar, March 28, 2006 through April 10, 2006: A) Environmental Board Meeting, Wednesday, March 29, 6:30 p.m. B) Special City Council Meeting — Joint Meeting with Park Board, Planning & Zoning Board, Environmental Board and Economic Development Advisory Committee, Wednesday, April 5, 6:30 p.m. 10. Adjourn MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT, TO ADJOURN. MOTION PASSED UNANIMOUSLY. (ABSENT O'DONNELL) CITY COUNCIL WORK SESSION March 27, 2006 5:30 p.m. Council Work Room (not televised) CITY OF LINO LAKES City Council Meeting Monday, March 27, 2006 6:30 p.m. Council Chambers (Scheduled to be broadcast on Channel 16) Open Mike Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) March 27, 2006 (Check No. 76182 through 76293 in the amount of $391,387.65; ii) Centennial Fire District (Check No. 15097 through 15115 in the amount of $6,018.70 Community Development Department Report, Michael Grochala Pg 4 -18 Pg 19 i) Consideration of Resolution No. 06 -39, Approving Summary Pg 20 -21 of Ordinance 02 -06, for the Legacy at Woods Edge Signage Criteria, Paul Bengtson ii) Municipal State Aid Streets, Jim Studenski a. Consideration of Resolution No. 06 -35, Revoking Municipal State Aid Street Designation (MSA 210 - 120 -010) Pg 22 -23 b. Consideration of Resolution No. 06 -36, Establishing Pg 24 -25 Municipal State Aid Streets iii) Consideration of Resolution No. 06 -52, Approving Payment Pg 26 -31 Request No. 1 and Change Order No. 1, 2006 Ditch and Pond Cleaning Projects, Jim Studenski 2. Finance Department Report, Al Rolek None 3. Administration Department Report, Dan Tesch A) Charter Amendment: First Reading of Ordinance No. 04 -06 Relating to Chapter 20 of the Lino Lakes City Charter, Amending Section 2.04 to add language regarding incompatible offices, Julie Bartell (To be referred to the Charter Commission) (roll call vote) Pg 32 -41 B) Drug Lab Ordinance, First Reading of Ordinance No. 03 -06 Pg 42 -53 Repealing Ordinance No. 21 -01 entitled Nuisances: Health Risk Exposure at Clandestine Drug Lab Sites and Chemical Dump Sites Declared to be a Nuisance, removing language from the Lino Lakes Code of Ordinances that is now covered by State law and designated as county authority, as recommended by the City Attorney, Julie Bartell (roll call vote) C) Conditional offer of employment for Receptionist/Secretary To follow position 4. Public Safety Department Report, Dave Pecchia None 5. Public Services Department Report, Rick DeGardner None 6. Community Development Department Report, Michael Grochala A) Miller's Crossroads 3rd Addition i. Consideration of Resolution No. 06 -47, Approving Development Pg 55 -70 Contract, Jim Studenski ii. Consideration of Resolution No. 06 -29, Approving Final Plat, Pg 71 -75 Jeff Smyser 7. Unfinished Business A) None. 8. New Business A) Consider March 13, 2006 City Council Meeting Minutes Pg 76 -80 Council Member Carlson and MayorBergeson absent B) Consider March 13, 2006 Council Work Session Minutes Pg 81 -84 Council Member Carlson and MayorBergeson absent 9. Community Calendar, March 28, 2006 through April 10, 2006: A) Environmental Board Meeting, Wednesday, March 29, 6:30 p.m. B) Special City Council Meeting — Joint Meeting with Park Board, Planning & Zoning Board, Environmental Board and Economic Development Advisory Committee, Wednesday, April 5, 6:30 p.m. 10. Adjourn v M•B• ■aw. wII From: Renee Kaulfuss Sent: Wednesday, March 29, 2006 2:03 PM To: Julie Bartell Cc: Dave Pecchia Subject: RE: Summary Minutes for City Council Meeting of 3 -27 -06 Officers taking the Oath of Office, Joel Martin, Vince Klosner, Tanya Tamm and Curt Boehme. Sergeant promotions to Kelly McCarthy and Kyle Leibel. Thanks. Original Message From: Julie Bartell Sent: Tuesday, March 28, 2006 2:52 PM To: Renee Kaulfuss Subject: RE: Summary Minutes for City Council Meeting of 3 -27 -06 Renee - If you can send me the information (names), I'll be glad to add it to the agenda. Julie Original Message From: Renee Kaulfuss Sent: Tuesday, March 28, 2006 2:27 PM To: Julie Bartell Subject: RE: Summary Minutes for City Council Meeting of 3 -27 -06 Julie, even tho it occurred a little early do you make mention of the Oath of Office and Promotion of Sergeants? I know the minute taker asked me for everyone's name. Renee > >From: Julie Bartell >Sent: Tuesday, March 28, 2006 12:37 PM >To: *LLCityHall; *LLPolice; Bob Shaw; Emily Topinka; Hugonian; Quad Press; Sarah McCann >Subject: Summary Minutes for City Council Meeting of 3 -27 -06 > > « File: EXPANDED AGENDA 03- 27- 06.doc » 1 f-te i IA, • EXPENDITURES MARCH 27, 2006 • • Date: 03/09/2006 Time: 13:57:33 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 5249 5249 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Check Over Expend: N City of Lino Lakes Operator: JAL FM Entry - Invoice Journal Page: Invoice Status: A # of copies: 1 Vendor # Name Discount # of items Net Gross Discount Lost 000093 ACE SOLID WASTE, INC. 1 117.26 117.26 .00 .00 004310 ASSOC. OF METRO. MUNICIPALITIES 1 15.00 15.00 .00 .00 Grand Totals: 2 132.26 132.26 .00 .00* • • Date: 03/09/2006 Time: 13:57 :51 City of Lino Lakes FM Entry - Invoice Journal Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5248 - 5248 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Vendor # Name Discount # of items Net Gross Discount Lost 000184 BOYLE, KATIE 1 100.00 100.00 .00 .00 000256 DEEP ROCK WATER COMPANY 000304 KUSTERMAN, BILL 000408 AFSCME COUNCIL #5 001187 CONNEXUS ENERGY 001812 BRUDER, DAVID 001875 HUELMAN, PAT 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 002355 LINDY, GEORGE 002931 MN CHILD SUPPORT PAYMENT CENTER 003011 MONTAIN, PAUL •0 STANSBERRY, KAY 003910 SAM'S CLUB, INC. 004059 SMYSER, JEFF 004367 TASCHUK, PAM 004538 FREDERICKSON, AARON 004560 U S BANK 004660 URICH, TRACEY 900250 HARTLEY, PAM • Grand Totals: - 6 - 1 71.65 71.65 .00 .00 1 150.00 150.00 .00 .00 1 765.33 765.33 .00 .00 1 2,817.65 2,817.65 .00 .00 1 18.69 18.69 .00 .00 1 150.00 150.00 .00 .00 1 814.00 814.00 .00 .00 1 225.00 225.00 .00 .00 1 246.42 246.42 .00 .00 1 50.00 50.00 .00 .00 1 128.08 128.08 .00 .00 1 893.58 893.58 .00 .00 1 55.80 55.80 .00 .00 1 150.00 150.00 .00 .00 1 100.00 100.00 .00 .00 1 1,936.64 1,936.64 .00 .00 1 26.97 26.97 .00 .00 1 237.50 237.50 .00 .00 19 8,937.31 8,937.31 .00 .00* Date: 03/09/2006 Time: 14:01:55 Operator: JAL • Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 5250 - 5250 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept 0 AFSCME COUNCIL #5 PAYROLL WITHHOLDING * * * * * * ** 0 BRUDER, DAVID REIMBURSE VENTADOME * * * * * * ** 0 LAW ENFORCEMENT LABOR PAYROLL WITHHOLDING * * * * * * ** 0 MN CHILD SUPPORT PAYME PAYROLL WITHHOLDING /TERR * * * * * * ** Total for Dept ** 0 ASSOC. OF 0 U S BANK METRO. MUNIC ELECTED OFFICIALS SALARY MAYOR /CO TRAINING MAYOR /CO Total for Dept 401 0 SAM'S CLUB, INC. 0 U S BANK •0 SMYSER, JEFF 0 U S BANK 0 CONNEXUS ENERGY O SAM'S CLUB, INC. 0 U S BANK 0 CONNEXUS ENERGY O CONNEXUS ENERGY 0 DEEP ROCK WATER 0 SAM'S CLUB, INC. 0 STANSBERRY, KAY O U S BANK COFFEE /CREAMER /FORKS /SPO ADMINIST TRAINING ADMINIST Total for Dept 402 MILEAGE /PARKING /DUES TRAINING Total for Dept 416 PLANNING PLANNING MONTHLY SERVICE /FEBRUARY POLICE COFFEE /CREAMER /FORKS /SPO POLICE TRAINING POLICE Total for Dept 420 MONTHLY SERVICE /FEBRUARY STREETS Total for Dept 430 MONTHLY SERVICE /FEBRUARY COMPAN MONTHLY SERVICE /FEBRUARY COFFEE /CREAMER /FORKS /SPO REIMBURSE CLOTHING ALLOW TRAINING Total for Dept 432 0 ACE SOLID WASTE, INC. 0 CONNEXUS ENERGY O U S BANK • GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME CREDIT TAKEN TWICE /NOVEM PARKS MONTHLY SERVICE /FEBRUARY PARKS TRAINING PARKS Amount 765.33 18.69 814.00 246.42 1,844.44* 15.00 205.86 220.86* 45.40 494.95 540.35* 55.80 183.00 238.80* 21.31 629.26 330.00 980.57* 805.96 805.96* 984.03 71.65 218.92 128.08. 162.83 1,565.51* 117.26 31.24 280.00 Date: 03/09/2006 Time: 14:01:55 Operator: JAL Check # Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 0 URICH, TRACEY 0 BOYLE, KATIE 0 FREDERICKSON, AARON 0 HUELMAN, PAT 0 KUSTERMAN, BILL 0 LINDY, GEORGE 0 MONTAIN, PAUL 0 TASCHUK, PAM 0 U S BANK 0 HARTLEY, PAM 0 CONNEXUS ENERGY 0 CONNEXUS ENERGY REIMBURSE CLOTHING ALLOW PARKS Total for Dept 450 QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND Total for Dept 452 PARK BOA PARK BOA PARK BOA PARK BOA PARK BOA PARK BOA PARK BOA TRAINING ENVIRONM Total for Dept 461 OAK WILT REIMBURSEMENT /3 FORESTRY Total for Dept 463 MONTHLY SERVICE /FEBRUARY WATER Total for Dept 494 MONTHLY SERVICE /FEBRUARY SEWER Total for Dept 495 26.97 455.47* 100.00 100.00 150.00 150.00 225.00 50.00 150.00 925.00* 280.00 280.00* 237.50 237.50* 656.67 656.67* 318.44 318.44* Grand Total 9,069.57* Date: 03/17/2006 Time: 07:30:25 Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5273 5273 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Vendor # 004240 • • Detail / Summary: S Sort: N Check Over Expend: N Name City of Lino Lakes Operator: JAL Page: FM Entry - Invoice Journal Invoice Status: A # of copies: 1 Discount # of items Net Gross Discount Lost STREICHER'S, INC. Grand Totals: 1 438.46 438.46 .00 1 438.46 438.46 .00 .00* Date: 03/17/2006 Time: 07:39:31 City of Lino Lakes FM Entry - Invoice Journal Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5266 - 5266 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Vendor # Name Discount # of items Net Gross Discount Lost 000012 AUDIO COMMUNICATIONS 2 1,815.29 1,815.29 .00 .00 000057 PREMIUM WATERS, INC. 1 31.59 31.59 .00 .00 000073 MCCARTHY, KELLY ANN 1 536.76 536.76 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 1,419.11 1,419.11 .00 .00 000122 CDW GOVERNMENT, INC. 1 38.33 38.33 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 15.00 15.00 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 273.00 273.00 .00 .00 000176 GRAYBAR ELECTRIC COMPANY, INC. 1 36.18 36.18 .00 .00 000177 MAIN FLORAL LTD, INC. 1 49.53 49.53 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 2,416.25 2,416.25 .00 .00 000293 WIPERS AND WIPES, INC. 2 206.92 206.92 .00 .00 .3 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 160.82 160.82 .00 .00 000332 MCKINZIE METRO APPRAISAL 1 10,550.00 10,550.00 .00 .00 000347 MULTICARE ASSOCIATES 1 930.00 930.00 .00 .00 000435 DPMS PANTHER ARMS, INC. 1 95.82 95.82 .00 .00 000541 ASPEN MILLS, INC. 1 1,087.94 1,087.94 .00 .00 000543 TSM DEVELOPMENT 1 1,100.00 1,100.00 .00 .00 000679 RIGID HITCH, INC. 2 73.90 73.90 .00 .00 000724 BLUE TOW SERVICE, INC. 2 215.68 215.68 .00 .00 000810 BRAUER & ASSOCIATES, LTD. 1 1,769.08 1,769.08 .00 .00 000852 ESRI 1 1,122.34 1,122.34 .00 .00 • Date: 03/17/2006 Time: 07:39 :31 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Vendor # Name Discount # of items Net Gross Discount Lost 08 JOHNSON RICK/DEER & BEAVER, INC. 1 90.00 90.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 324.43 324.43 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 13,964.45 13,964.45 .00 .00 000946 C. P. OFFICE PRODUCTS 4 283.94 283.94 .00 .00 000980 UNITED RENTALS, INC. 1 1,655.57 1,655.57 .00 .00 001043 CENTRAL LANDSCAPING, INC. 1 19,900.26 19,900.26 .00 .00 001101 CENTENNIAL LAKES POLICE DEPARTMENT 1 1,752.00 1,752.00 .00 .00 001140 CONSOLIDATED CONTAINER COMPANY, LLC 1 57.48 57.48 .00 .00 001260 ACCLAIM BENEFITS 1 154.50 154.50 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 23.95 23.95 .00 .00 001270 DALCO, INC. 1 121.67 121.67 .00 .00 001277 DAVE'S FLOOR SANDING & INST., INC. 1 2,653.00 2,653.00 .00 .00 001292 DEHN OIL COMPANY, INC. 1 4,216.35 4,216.35 .00 .00 001360 E. L. REINHARDT COMPANY, INC. 1 40.90 40.90 .00 .00 001480 HAWKINS INC. 1 5.00 5.00 .00 .00 001530 FOREST LAKE FORD, INC. 3 986.54 986.54 .00 .00 07 BRAUN PUMP & CONTROLS, INC. 1 613.60 613.60 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 2 6,306.91 6,306.91 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 87.39 87.39 .00 .00 001621 GREG LARSON SPORTS - GLS, INC. 1 218.06 218.06 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 140.65 140.65 .00 .00 001850 HOFFMAN, MICHAEL 1 129.94 129.94 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 769.50 769.50 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 72.38 72.38 .00 .00 001940 KEEPERS, INC. 1 209.40 209.40 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 1,017.50 1,017.50 .00 .00 002178 WILSON DEVELOPMENT SERVICES 1 574.70 574.70 .00 .00 • Date: 03/17/2006 Time: 07:39:31 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Vendor # Name Discount # of items Net Gross Discount Lost •48 LARSON ALLEN WEISHAIR & CO., LLP 1 2,000.00 2,000.00 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 20.00 20.00 .00 .00 002329 INTERNATIONAL CODE COUNCIL, INC. 1 100.00 100.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 58.26 58.26 .00 .00 002511 MCCARTHY WELL COMPANY, INC. 1 500.00 500.00 .00 .00 002550 MENARDS, INC. 1 60.08 60.08 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 113,815.20 113,815.20 .00 .00 002694 AMERICAN MESSAGING 1 36.17 36.17 .00 .00 002743 BCA /CRIMINAL JUSTICE INFO SYSTEMS 1 225.00 225.00 .00 .00 003123 NATURE CALLS, INC. 1 64.65 64.65 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 595.34 595.34 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 305.40 305.40 .00 .00 003250 XCEL ENERGY 1 528.73 528.73 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 929.61 929.61 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 313.84 313.84 .00 .00 003492 PETTY CASH 1 303.07 303.07 .00 .00 0 PLUNKETT'S, INC. 2 916.75 916.75 .00 .00 011!0 PRESS PUBLICATIONS, INC. 2 243.10 243.10 .00 .00 003624 ENCOMM MIDWEST, INC. 1 35,642.83 35,642.83 .00 .00 003880 SHORT - ELLIOTT- HENDRICKSON, INC. 2 54,993.89 54,993.89 .00 .00 004009 PEAK STAFFING 4 2,456.75 2,456.75 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 1,484.19 1,484.19 .00 .00 004070 REED BUSINESS INFORMATION 1 330.72 330.72 .00 .00 004100 SPRINGSTED, INC. 1 2,000.00 2,000.00 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 2 293.77 293.77 .00 .00 004240 STREICHER'S, INC. 1 3,905.73 3,905.73 .00 .00 004308 NORTH STAR PUMP SERVICE 1 451.02 451.02 .00 .00 • -12- Date: 03/17/2006 Time: 07:39:32 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 # Name # of items Net Gross Discount Lost Discount 004350 T.K.D.A. 2 30,798.51 30,798.51 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 160.35 160.35 004470 COMO LUKE & SUPPLIES, INC. 3 466.52 466.52 004540 TWIN CITY GARAGE DOOR CO., INC. 1 112.50 112.50 004590 UNIFORMS UNLIMITED, INC. 1 152.24 152.24 004840 WINNICK SUPPLY, INC. 1 200.20 200.20 900330 BERBEE INFORMATION NETWORKS CORPORATION 1 563.20 563.20 900340 CAR /TRUCK CITY 1 22,226.80 22,226.80 900345 LINO DEVELOPERS, LLC 1 10,000.00 10,000.00 900357 TRI -STATE BOBCAT, INC. 1 172.88 172.88 900371 E G CONTROLS, INC. 1 193.89 193.89 900383 TRIMBLE NAVIGATION LIMITED 1 8,364.54 8,364.54 900477 PARTS ASSOCIATES, INC. PAI 1 28.46 28.46 900491 ROSEVILLE, CITY OF 1 3,333.34 3,333.34 900591 CORPORATE EXPRESS, INC. 2 2,075.98 2,075.98 Grand Totals: 112 381,879.62 381,879.62 • • .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00* Date: 03/17/2006 Ranges : Options: Time: 07:49:15 Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: (A) (A) (A) (A) (A) (R) (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 76183 0 76186 0 0 76193 0 0 76195 0 0 0 • 0 5250 5274 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AFSCME COUNCIL #5 BLUE TOW SERVICE, INC. BRUDER, DAVID CENTENNIAL LAKES POLIC EMERGENCY AUTOMOTIVE T LAW ENFORCEMENT LABOR LINO DEVELOPERS, LLC METRO COUNCIL WASTEWAT MN CHILD SUPPORT PAYME T.K.D.A. TSM DEVELOPMENT WILLIAM G. HAWKINS & A PAYROLL WITHHOLDING TOW '94 FORD EXPLORER REIMBURSE VENTADOME REIMBURSE OVERTIME /EAGLE EQUIP TAHOE /CHIEF PAYROLL WITHHOLDING REIMBURSE PRELIM PLAT FE FEBRUARY SAC PAYROLL WITHHOLDING /TERR DEVELOPER PROJECTS /JANUA REIMBURSE SAC /673 79TH A MITJ,FRS CROSSING 3RD Total for Dept ** 0 LARSON ALLEN WEISHAIR FINANCIAL STATEMENTS PROGRAM Total for Dept 200 76184 0 76201 0 0 0 0 76197 76201 • GREG LARSON SPORTS - G TENNIS BALLS Total for Dept 207 ASSOC. OF METRO. MAIN FLORAL LTD, U S BANK YOUTH IN MUNIC ELECTED OFFICIALS SALARY MAYOR /CO INC. FLORAL ARRANGEMENT MAYOR /CO TRAINING MAYOR /C0 Total for Dept 401 ACCLAIM BENEFITS BARNA, GUZY & STEFFEN, PEAK STAFFING PREMIUM WATERS, INC. SAM'S CLUB, INC. U S BANK 0 CORPORATE "EXPRESS, INC 0 LARSON ALLEN WEISHAIR 0 ROSEVILLE, CITY OF FLEXIBLE SPENDING ADMINI ADMINISTRATIVE ATTORNEY TRINA OGDEN MONTHLY SERVICE /FEBRUARY COFFEE /CREAMER /FORKS /SPO TRAINING Total for Dept 402 OVERHEAD FILES /LATERAL F FINANCIAL STATEMENTS JOINT POWERS /FEBRUARY & ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST FINANCE FINANCE FINANCE 765.33 215.68 18.69 1,752.00 5,880.38 814.00 10,000.00 69,052.50 246.42 6,340.41 1,100.00 1,056.00 97,241.41* 40.00 40.00* 218.06 218.06* 15.00 49.53 205.86 270.39* 154.50 273.00 2,456.75 31.59 45.40 494.95 3,456.19* 1,835.42 840.00 3,333.34 Date: 03/17/2006 Time: 07:49:15 �k # Vendor Alpha Name Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Description Dept Amount Total for Dept 407 0 WILLIAM G. HAWKINS & A MILLERS CROSSING 3RD Total for Dept 414 0 KENNEDY AND GRAVEN, IN LEGAL SERVICES Total for Dept 415 0 0 0 0 76198 76201 BRAUER & ASSOCIATES, L ESRI HSBC BUSINESS SOLUTION SHORT - ELLIOTT - HENDRICK SMYSER, JEFF U S BANK CARLSON CONSERVATION PRO GENERIC DESKTOP PROJECTOR /COLOR COPIES GIS SERVICES MILEAGE /PARKING /DUES TRAINING Total for Dept 416 LEGAL CO ECONOMIC PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING 6,008.76* 12,908.45 12,908.45* 769.50 769.50* 1,769.08 374.11 45.75 400.50 55.80 183.00 2,828.24* 0 SHORT- ELLIOTT- HENDRICK GIS SERVICES ENGINEER 675.00 0 T.K.D.A. GENERAL ENGINEERING /JANU ENGINEER 13,648.29 0 TRIMBLE NAVIGATION LIM ANTENNA /SERIAL CLIP /CABL ENGINEER 6,614.54 Total for Dept 417 20,937.83* 0 CORPORATE EXPRESS, INC STAPLER COMM DEV 240.56 0 ESRI GENERIC DESKTOP COMM DEV 374.12 Total for Dept 418 614.68* 0 0 111,87 0 0 0 0 0 0 0 0 0 76197 0 76201 0 ADVANCED GRAPHIX, INC. ASPEN MILLS, INC. BCA /CRIMINAL JUSTICE I C. P. OFFICE PRODUCTS CONNEXUS ENERGY CONSOLIDATED CONTAINER DPMS PANTHER ARMS, INC FAST BREAK CORNER MARK HSBC BUSINESS SOLUTION KEEPERS, INC. MCCARTHY, KELLY ANN MULTICARE ASSOCIATES OTTER LAKE ANIMAL CARE PETTY CASH SAM'S CLUB, INC. STREICHER'S, INC. U S BANK UNIFORMS UNLIMITED, IN CAR GRAPHICS UNIFORM SUPPLIES TRAINING /5 PAPER MONTHLY SERVICE /FEBRUARY BARRELS SELECTOR CAR WASHES /5 PROJECTOR /COLOR COPIES UNIFORM SUPPLIES REIMBURSE TUITION EXAMS /BILL 0 & CURTIS B ANIMAL CONTROL MEALS /TRAINING COFFEE /CREAMER /FORKS /SPO UNIFORM SUPPLIES /TRAININ TRAINING SOFTWARE /ADAPTER TASER Total for Dept 420 POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE 0 INTERNATIONAL CODE COU MEMBERSHIP /PETE K BUILDING Total for Dept 422 0 AMERICAN MESSAGING 76187 CONNEXUS ENERGY • 1,419.11 1,087.94 225.00 191.91 21.31 57.48 95.82 23.95 883.86 209.40 536.76 930.00 313.84 303.07 629.26 4,344.19 330.00 152.24 11,755.14* 100.00 100.00* MONTHLY SERVICE /FEBRUARY STREETS 12.06 MONTHLY SERVICE /FEBRUARY STREETS 805.96 Date: 03/17/2006 Time: 07:49:15 Operator: JAL • Check # Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept 0 JOHNSON, RICK /DEER & B DEER REMOVAL O NEWMAN TRAFFIC SIGNS, HAZARD MARKER O UNITED RENTALS, INC. PUMP /HOSE Total for Dept 430 0 ANOKA COUNTY LICENSE B O AUDIO COMMUNICATIONS O CAR /TRUCK CITY 0 COMO LUBE & SUPPLIES, 0 DEHN OIL COMPANY, INC. O EMERGENCY AUTOMOTIVE T O FACTORY MOTOR PARTS CO 0 FOREST LAKE FORD, INC. 0 GILLUND ENTERPRISES, I O MACQUEEN EQUIPMENT, IN O O'REILLY AUTOMOTIVE, I O PARTS ASSOCIATES, INC. O RIGID HITCH, INC. O ST. JOSEPH EQUIPMENT, O THANE HAWKINS POLAR CH O TRI -STATE BOBCAT, INC. O WINNICK SUPPLY, INC. LICENSE '06 TRUCK RADIO /SPEAKER /ANTENNA /CA '06 CHEV TRUCK OIL GASOHOL STROBE ALTERNATOR /SENSOR /OIL /CO CONVERTER /GASKET RUST /CARBURETOR CLEANER SIDE BROOM CONNECTION /FILTER /LITE /I SCRAPER PLUG BOOT KIT /SOLENOID /0- RING /GASK JOINT KIT TIRE CHAINS OXYGEN /ACETYLENE /TUBING/ Total for Dept 431 O AMERIPRIDE LINEN /APPAR MAT RENTAL O BERBEE INFORMATION NET DUAL ROUTER O C. P. OFFICE PRODUCTS INKCART O CDW GOVERNMENT, INC. TONER 187 CONNEXUS ENERGY MONTHLY SERVICE /FEBRUARY O DALCO, INC. SOAP /LYSOL O DAVE'S FLOOR SANDING & SAND /FINISH - SENIOR CENTE 76188 DEEP ROCK WATER COMPAN MONTHLY SERVICE /FEBRUARY O E. L. REINHARDT COMPAN KEY O MENARDS, INC. 0 PLUNKETT'S, INC. 76197 SAM'S CLUB, INC. 76199 STANSBERRY, KAY 0 TWIN CITY GARAGE DOOR 76201 U S BANK 0 WIPERS AND WIPES, INC. 76182 0 76187 0 0 0 0 76201 • LIGHT /DIVIDER PEST CONTROL /2 -06 - 1 -07 COFFEE /CREAMER /FORKS /SPO REIMBURSE CLOTHING ALLOW ADJUST DOOR /POLE BLDG TRAINING WASTE BASKET Total for Dept 432 ACE SOLID WASTE, INC. ALL SEASONS RENTAL, IN CONNEXUS ENERGY HOFFMAN, MICHAEL HUGO FEED MILL & ELEVA LEAGUE OF MINNESOTA CI NATURE CALLS, INC. U S BANK STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNNE GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME CREDIT TAKEN TWICE /NOVEM PARKS CARBINE SHARPENING PARKS MONTHLY SERVICE /FEBRUARY PARKS REIMBURSE CLOTHING ALLOW PARKS SAW CHAIN PARKS REGISTRATION /RICK D PARKS PORTABLE RESTROOMS PARKS TRAINING PARKS Amount 90.00 595.34 1,655.57 3,158.93* 1,484.19 1,815.29 22,226.80 466.52 4,216.35 426.53 305.40 986.54 87.39 2,416.25 324.43 28.46 73.90 293.77 160.35 172.88 151.33 35,636.38* 160.82 563.20 92.03 38.33 984.03 121.67 2,653.00 71.65 40.90 60.08 916.75 218.92 128.08 112.50 162.83 206.92 6,531.71* 117.26 15.00 31.24 129.94 72.38 20.00 64.65 280.00 Date: 03/17/2006 Time: 07:49:15 Operator: JAL • Check # Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 76202 URICH, TRACEY 76185 76189 76191 76192 76194 76196 76200 0 0 76201 76190 BOYLE, KATIE FREDERICKSON, AARON HUELMAN, PAT KUSTERMAN, BILL LINDY, GEORGE MONTAIN, PAUL TASCHUK, PAM ESRI TRIMBLE NAVIGATION U S BANK HARTLEY, PAM 0 SPRINGSTED, INC. AMERICAN MESSAGING CONNEXUS ENERGY 0 76187 0 0 0 0 0 0 0 0 • REIMBURSE CLOTHING ALLOW PARKS Total for Dept 450 QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND Total for Dept 452 PARK PARK PARK PARK PARK BOA BOA BOA BOA BOA PARK BOA PARK BOA 26.97 757.44* 100.00 100.00 150.00 150.00 225.00 50.00 150.00 925.00* GENERIC DESKTOP ENVIRONM 374.11 LIM ANTENNA /SERIAL CLIP /CABL ENVIRONM 1,750.00 TRAINING ENVIRONM 280.00 Total for Dept 461 2,404.11* OAK WILT REIMBURSEMENT /3 FORESTRY Total for Dept 463 GENERAL OBLIGATION IMPRO DEBT SER Total for Dept 470 MONTHLY SERVICE /FEBRUARY WATER MONTHLY SERVICE /FEBRUARY WATER E G CONTROLS, INC. FLOW SWITCH GRAYBAR ELECTRIC COMPA TAPE /BUTT SPLICE CONN HAWKINS INC. CONTAINER DEMURRAGE INSTRUMENTAL RESEARCH, WATER SAMPLES LARSON ALLEN WEISHAIR FINANCIAL STATEMENTS MCCARTHY WELL COMPANY, PUMP INSPECTIONS ONE CALL CONCEPTS, INC MONTHLY SERVICE /FEBRUARY WINNICK SUPPLY, INC. OXYGEN /ACETYLENE /TUBING/ Total for Dept 494 O AMERICAN MESSAGING MONTHLY SERVICE /FEBRUARY O BRAUN PUMP & CONTROLS, PUMP /RAILS 76187 CONNEXUS ENERGY O INFRATECH TECHNOLOGIES O LARSON ALLEN WEISHAIR O METRO COUNCIL WASTEWAT O NORTH STAR PUMP SERVIC O ONE CALL CONCEPTS, INC O XCEL ENERGY • MONTHLY SERVICE /FEBRUARY VAC LIFT STATION FINANCIAL STATEMENTS FEBRUARY SAC CHECK LIFT STATION /CEDAR MONTHLY SERVICE /FEBRUARY MONTHLY SERVICE /FEBRUARY Total for Dept 495 0 CENTRAL LANDSCAPING, I O ENCOMM MIDWEST, INC. O IMAGE PRINTING & GRAPH O LARSON ALLEN WEISHAIR CONTRACTOR /BIRCH & HODGS CONTRACTOR /WELL #5 INTERCHANGE FOLDERS FINANCIAL STATEMENTS WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER OTHER OTHER OTHER OTHER 237.50 237.50* 2,000.00 2,000.00* 18.08 656.67 193.89 36.18 5.00 142.50 260.00 500.00 70.33 48.87 1,931.52* 6.03 613.60 318.44 1,017.50 260.00 44,762.70 451.02 70.32 528.73 48,028.34* 19,900.26 35,642.83 58.26 600.00 Date: 03/17/2006 Time: 07:49:15 Operator: JAL Ck # Vendor Alpha Name Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills • • Description Dept Amount 0 MCKINZIE METRO APPRAIS 0 PRESS PUBLICATIONS, IN 0 REED BUSINESS INFORMAT 0 SHORT - ELLIOTT - HENDRICK 0 T.K.D.A. 0 WILSON DEVELOPMENT SER APPRAISAL REPORT /CSAH 23 ADVERTISEMENT OF BIDS ADVERTISING IRRIGATION /L I35W /CSAH 23- FEBRUARY GENERAL ENGINEERING /JANU ACQUISITION /RELOCATION S Total for Dept 499 OTHER 10,550.00 OTHER 243.10 OTHER 330.72 OTHER 53,918.39 OTHER 10,809.81 OTHER 574.70 132,628.07* Grand Total 391,387.65* —%es fir/ Centennial Fire District Check Register 3/17/2006 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 3/16/2006 15097 3/16/2006 15098 3/16/2006 15099 3/16/2006 15100 3/16/2006 15101 3/16/2006 15102 3/16/2006 15103 3/16/2006 15104 3/16/2006 15105 3/16/2006 15106 3/16/2006 15107 3/16/2006 15108 3/16/2006 15109 3/16/2006 15110 3/16/2006 15111 3/16/2006 15112 3/16/2006 15113 3/16/2006 15114 3/16/2006 15115 • • Allina Hospitals & Clinics Capitol City Regional Firefighter's Assn. Comcast Connexus Energy EMSRB Fire Equipment Specialists, Inc. International Assn. Of Dive Rescue International Assn. Of Fire Chiefs Metro Fire Milo Bennett MN State Colleges & University North Suburban Mutual Aid Association North Suburban Regional Mutual Aid Assn. Pioneer Products Postmaster Qwest Xcel Energy Loffier Business Systems Milo Bennett Total 1 nf1 - 19 - ACCOUNT 42220 - Travel, Conference, School 42200 - Dues and Memberships 42180 - Office Supplies Expense 42252 - Station 1 - Electric 42220 - Travel, Conference, School 42260 - Medical Supplies 42200 - Dues and Memberships 42200 - Dues and Memberships 42130 - Equipment Expense 42220 - Travel, Conference, School 42220 - Travel, Conference, School 42190 - Fire Prevention Supplies 42200 - Dues and Memberships 42110 - Other Maintenance 42180 - Office Supplies Expense 42240 - Telephone 42254 - Station 2 - Electric 42180 - Office Supplies Expense 42180 - Office Supplies Expense AMOUNT 1,675.00 50.00 95.00 337.43 100.00 845.10 25.00 195.00 213.48 79.19 133.75 50.00 150.00 655.79 117.00 214.45 668.43 14.08 400.00 6,018.70 • • AGENDA ITEM 1.'.i STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: March 27, 2006 TOPIC: Resolution No. 06 -39 Summary of Ordinance 02 -06 for publication PUD Amendment — Legacy at Woods Edge Signage Criteria VOTE REQUIRED: 4/5 BACKGROUND Ordinance 02 -06 for the Legacy at Woods Edge Signage Criteria was approved by the City Council at the February 27, 2006 regular meeting; with the second reading subsequently approved at the March 13, 2006 regular meeting. Due to the length of this ordinance it is necessary for the city to approve a summary of the ordinance for publication purposes. Attached to this report is the summary created by city staff. ATTACHMENTS 1. Resolution 06 -39 — Summary of Ordinance 02 -06 for publication. • • Legacy Signage Criteria Page 3 ATTACHMENT A, RESOLUTION 06 -39 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 02 -06 AMENDING ORDINANCE NO. 04 -04 AN ORDINANCE ESTABLISHING THE SIGNAGE CRITERIA TO BE INCLUDED IN THE DESIGN AND DEVELOPMENT STANDARDS FOR THE LINO LAKES TOWN CENTER IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. Chapter 5 — Signage Criteria 5.1 Free Standing Signs — includes definitions and prohibitions; and requirements for placement, design, and setback of free standing signs within the project area. 5.2 Building Signs— includes definitions and prohibitions; and requirements for placement, design, and setback of building signs within the project area. 5.3 Temporary Signs— includes definitions and prohibitions for temporary signs within the project area. 5.4 Illumination— includes allowances and prohibitions for illumination of signage within the project area. 5.5 General Regulations — includes general regulations applicable to all signs within the project area. 5.6 Maintenance — includes regulations requiring upkeep of signage and the timely removal of signage within the project area. 5.7 Violation — establishes the city's procedures for enforcement of the signage criteria. Passed by the Lino Lakes City Council on March 13, 2006. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at • City Hall. AGENDA ITEM 'Ina STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 27, 2006 TOPIC: Resolution No. 06 — 35, Revoking Municipal State Aid Street Designation (M.S.A. 210- 120 -010). VOTE REQUIRED: Simple Majority BACKGROUND: Each State Aid eligible municipality must submit an annual inventory of the City's existing and proposed State Aid routes. This documentation, submitted as a Needs Report, is the basis that MnDOT uses to determine allocation of State Aid funds. The construction of Park Court, along with the topography of the existing area required M.S.A. designation to be revoked for M.S.A. 210- 120 -010. This segment length of 0.66 miles will be designated to a location more accurately representative of the City's future needs. Attached please find a map of this segment location to be revoked. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 — 35, Revoking Municipal State Aid Street Designation (M.S.A. 210- 120 -010). 3. Not adopt Resolution No. 06 — 35. RECOMMENDATION: Option No. 2 - Staff recommends adoption of Resolution Number 06 — 35. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -35 RESOLUTION REVOKING MUNICIPAL STATE AID STREET DESIGNATION (M.S.A. 210- 120 -010) WHEREAS, It appears to the City Council of Lino Lakes, Minnesota that the road hereinafter described as a Municipal State Aid Street under the provision of Minnesota Laws; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that the road described as follows, to -wit: M.S.A. 210 - 120 -010 from CSAH 23 (Lake Drive) to CSAH 23 (Lake Drive). The length of this segment is 0.66 miles. be, and hereby is, revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his /her. consideration. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of March, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. - 2 3 - 9ODS `OZ 4aJeyy :a{ep den MINN NI � �1 11-� 1 4 1 12 ` 4.4 111 ado, 11III 1.1 111. �.ICIILI rr �r ;.11111..1►` ‘mil■ 1 1111 11 II ( 0 o Z 3 p n o ��. .'2 Q F W ' a N N O d 3 a W n d H p ,8 7 CL l0 S cn Er AGENDA ITEM 19 iib STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 27, 2006 TOPIC: Resolution No. 06 — 36, Establishing Municipal State Aid Streets. VOTE REQUIRED: Simple Majority BACKGROUND: Each State Aid eligible municipality must submit an annual inventory of the City's existing and proposed State Aid routes. This documentation, submitted as a Needs Report, is the basis that MnDOT uses to determine allocation of State Aid funds. Including the revocation of M.S.A. 210 - 120 -010 and M.S.A. 210- 112 -010, a total of 3.77 miles were available to be designated to the system per MnDOT requirements. After analysis of the City's M.S.A. system, it has been determined that the following streets should be designated as Municipal State Aid Streets: • Holly Drive East (1.36 miles) from 12th Avenue to C.S.A.H. 21 • 21St Avenue (0.96 miles) from Rehbein Street Extension to C.R. 140 • 73rd Street Extension (0.26 miles) from C.S.A.H. 21 to 21st Avenue • Robinson Drive (1.01 miles) from C.R. 53 to 4th Avenue The four proposed designations total 3.59 miles as shown on the three attached maps. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 — 36, Establishing Municipal State Aid Streets. 3. Not adopt Resolution No. 06 — 36. RECOMMENDATION: Option No. 2 - Staff recommends adoption of Resolution Number 06 — 36. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -36 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, It appears to the City Council of Lino Lakes, Minnesota that the roads hereinafter described as Municipal State Aid Streets under the provision of Minnesota Laws; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that the roads described as follows, to -wit: • Holly Drive East (1.36 miles) from 121h Avenue to C.S.A.H. 21 • 21St Avenue (0.96 miles) from Rehbein Street Extension to C.R. 140 • 73rd Street Extension (0.26 miles) from C.S.A.H. 21 to 21st Avenue • Robinson Drive (1.01 miles) from C.R. 53 to 4th Avenue be, and hereby are established, located, and designated as Municipal State Aid Streets of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his /her consideration, and that upon his /her approval of the designations of said roads or portions thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Lino Lakes to be known as: • Holly Drive East (1.36 miles) from 12th Avenue to C.S.A.H. 21 • 21St Avenue (0.96 miles) from Rehbein Street Extension to C.R. 140 • 73rd Street Extension (0.26 miles) from C.S.A.H. 21 to 21st Avenue • Robinson Drive (1.01 miles) from C.R. 53 to 4th Avenue John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of March, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. -25- mium •nll lirt4:11 iriiii: 41 IL 1,11.i i►;; ;-_E0■u .o 8.1 1,771 — *vs' iiiityilanduita v 61 5= 8.11 .,__ ■ ■1111 \. ■i.l ca. � lei ;=. .. - idol, CD CC -k _ -, ,_ f r eAlirri i ILrmi U it wit iI1luuiiui p '.I 111110imilmumn hi mErauiu:um- Map Date: March 20, 2006 a) wan Transportation r .... I (11 RI or, ii I �i (I _ iAIR��i■ ....5.,44"... ♦♦ I ,,,gas Apr, j {O fl11l11l \i■ � It m 0 V1 y I 4 I I I IIII tl Nal I I I � Off- 'i 111 N O ionlig !I!!i1IIU � gokAR East In �� , - n : r. 31 -1-74444-414 i ....4tAINII 1111117 m.l 4 ►' Map Date: March 20,2006 a ergrt it • r n� ' Map Date: March 20, 2006 • AGENDA ITEM 'Mill STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 27, 2006 TOPIC: Resolution No. 06 -52, Approving Payment Request No. 1 and Change Order No. 1, 2006 Ditch and Pond Cleaning Projects. VOTE REQUIRED: Simple Majority BACKGROUND: At the January 9, 2006 meeting, City Council awarded the 2006 Ditch and Pond Cleaning Projects Contract to Arnt Construction Company. The contractor for the 2006 Ditch and Pond Cleaning Project, Arnt Construction Company is requesting City approval of Payment No. 1 in the amount of $42,634.25. A copy of the payment and change order is attached. The Change Order covers the added work that was performed to clean out the ditch at Deerwood Lane and Fox Road. It is staff's recommendations to approve Payment No. 1 in the amount of • $42,634.25 and Change Order No. 1, which is $1,432.00 over the contract amount, which results in a total project cost of $46,562.16. OPTIONS: 1. Adopt Resolution No. 06 -52, Approving Payment Request No. 1 and Change Order No. 1, 2006 Ditch and Pond Cleaning Projects. 2. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 06 -52 be adopted. • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -52 APPROVING PAYMENT REQUEST NO. 1 CHANGE ORDER NO. 1, 2006 DITCH AND POND CLEANING PROJECTS WHEREAS, pursuant to the resolution of the Council adopted January 9, 2006, awarding the contract for 2006 Ditch and Pond Cleaning Projects to Arnt Construction Company; WHEREAS, a complete breakdown is detailed in Payment No. 1 and Change Order no. 1; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Payment No. 1 in the amount of $42,634.25 and Change Order No. 1, which results in a total project cost of $46,562.16 is approved for the 2006 Ditch and Pond Cleaning Projects. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of March, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. 411 • TKDA ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 fax www.tkda,com Proj. No. 13602.000 Cert. No. 1 St. Paul, MN, March 7 , 20 06 To City of Lino Lakes, Minnesota This Certifies that Arnt Construction Company, Inc. Owner Contractor For 2006 Pond and Ditch Cleaning Projects Is entitled to Forty-Two Thousand Six Hundred Thirty -Four Dollars and 25/100 ($ 42,634.25 ) being 1st /, estimate for partial pay • on contract with you dated , 05 Recejyed -pay ent, in fulll /a r ove Ce c e TKD //y' Arnt Constructiorompany, Inc. C/ , 20 O ( 1 Thomas D. Pre , P.E. RECAPITULATION OF ACCOUNT An Employee Owned Company " - - - "-- Affirmative Action and Equal Opportunity - 2 8 - CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 45,130.16 All previous payments $ - All previous credits Extra No. Change Order No. 1 $ 1,432.00 „ „ Credit No. $ - II II II II AMOUNT OF THIS CERTIFICATE $ 42,634.25 Totals $ 46,562.16 $ 42,634.25 $ - Credit Balance $ - There will remain unpaid on contract after payment of this Certificate $ 3,927.91 $ 46,562.16 I $ 46,562.16 $ - I An Employee Owned Company " - - - "-- Affirmative Action and Equal Opportunity - 2 8 - TKDA Engineers- Architects - Planners PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 1 Period Ending February 20 , 20 06 Page 1 of 1 Proj. No. 13602.000 Contractor Arnt Construction Company, Inc. Original Contract Amount $45,130.16 Project 200 Pond and Ditch Cleanin Pro'ects Location Cit of Lino Lakes Minnesota • Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed (CO No. 1) Approved Extra Orders Amount Completed Total Amount Earned This Estimate $ 43,446.16 $ 0.00 1,432.00 $ 1,432.00 $ 44,878.16 Less Approved Credits $ 0.00 Less 5 % Retained $ 2,243.91 Less Previous Payments $ 0.00 Total Deductions $ Amount Due This Estimate Contractor •Enneer 0 n Company, Inc. Thomas 1 . Prew, P.E. Date 2,243.91 42,634.25 Date March 7, 2006 MATE NO. 1 .'05 POND AND DITCH CLEANING PROJECTS eOF LINO LAKES, MINNESOTA PROJECT NO. 13602.000 PERIOD ENDING: February 20, 2006 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE DITCH TO BALDWIN LAKE 1 MOBILIZATION LS 1.0 1.0 $ 4,640.00 $ 4,640.00 2 CLEAR /GRUB TREES EA 12.0 2.0 $ 50.00 $ 100.00 3 DITCH EXCAVATION (MATERIAL WASTED ON SITE) CY 200.0 120.0 $ 14.80 $ 1,776.00 4 RESTORATION - SOD AND SEED W /BLANKET LS 1.0 1.0 $ 3,000.00 $ 3,000.00 SUBTOTAL A $ 9,516.00 POND CLEANING IN TRAPPERS CROSSING 1 MOBILIZATION LS 1.0 1.0 $ 4,650.00 $ 4,650.00 2 CLEAR AND GRUB EA 5.0 - $ 50.00 $ 3 POND EXCAVATION (MATERIAL HAULED AWAY) CY 400.0 624.0 $ 15.82 $ 9,871.68 4 RESTORATION - SOD LS 1.0 - $ 3,480.00 $ SUBTOTAL B $ 14,521.68 POND CLEANING AT BLACKBIRD LANE 1 MOBILIZATION LS 1.0 1.0 $ 3,650.00 $ 3,650.00 2 CLEAR AND GRUB EA 5.0 5.0 $ 50.00 $ 250.00 3 POND EXCAVATION (MATERIAL HAULED AWAY) CY 300.0 864.0 $ 15.82 $ 13,668.48 4 RESTORATION - SEED W /BLANKET LS 1.0 1.0 $ 1,840.00 $ 1,840.00 SUBTOTAL C $ 19,408.48 SUBTOTAL PARTS A, B, AND C $ 43,446.16 IIICHANGE ORDER NO. 1 - CLEAN OUT DITCH AT DEERWOOD & FOX 1 FOREMAN HRS 4.0 4.0 $ 80.00 $ 320.00 2 CAT 325 B BACKHOE HRS 4.5 4.5 $ 176.00 $ 792.00 3 TRIAXLES HRS 4.0 4.0 $ 80.00 $ 320.00 SUBTOTAL CHANGE ORDER NO. 1 $ 1,432.00 TOTAL ESTIMATE NO. 1 • $ 44,878.16 • CHANGE ORDER TKDA Engineers - Architects- Planners Saint Paul, MN March 7 20 06 Proj. No. 13602.000 Change Order No. 1 To Arnt Construction Company, Inc. for 200E Pond and Ditch Cleaning Projects for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated , 20 05 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (not change) the contract sum by One Thousand Four Hundred Thirty -Two Dollars and 00 /100 ($ 1,432.00 ). This change order provides for changes in the work of this contract according to the attached itemization. 1. FOREMAN 2. CAT 325 B BACKHOE 3. TRIAXLES • NET CHANGE = Amount of Original Contract Additions approved to date (Nos. ) Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Deduct) (age) Revised Contract Amount • Approved City of Lino Lakes, Minnesota 4.0 Hours @ $ 80.00/HR $ 4.5 Hours @ $176.00/HR $ 4.0 Hours @ $ 80.00/HR $ TKDA Owner $ 320.00 792.00 320.00 1,432.00 45,130.16 $ 45,130.16 $ 1,432.00 $ 46,562.16 By By Approved Arnt•Tonstruction Co }party Inc. Co aefr By ---7 . - 3 1 - Thomas D. Prew, White - Owner Pink - Contractor Blue - TKDA • • AGENDA ITEM STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: March 27, 2006 TOPIC: Referral of Charter Amendment regarding incompatible offices VOTE REQUIRED: Majority BACKGROUND Two Lino Lakes residents submitted a petition requesting a Charter amendment to the City Council on September 26, 2005. The amendment would change the City Charter to not allow City Council Members (including the Mayor) to also be members of the Lino Lakes Charter Commission. Based on a review of the petition by the City Attorney and a determination that the petitioners are not attempting to institute an amendment under Minnesota Statutes, Section 410 as the petition does not meet the requirements of that statute, the petition was found to be "advisory" in nature and considered a request for ballot consideration by the City Council. The Council directed staff to prepare a timeline indicating the process and schedule such an amendment could follow in order to be presented on the November 7, 2006 ballot. That schedule was reviewed at the Council's. March 13 work session and direction was given to prepare the amendment for referral to the Charter Commission, the first step in the process designated by Minnesota Statutes, Section 410.12, Subd 5 Amendments Proposed by Council. The amendment has been drafted in ordinance form. OPTIONS 1. Refer Ordinance No. 04 -06 (Amending Chapter 2 of the Lino Lakes City Charter by amending Section 2.04 re Incompatible Offices to add language disallowing City Council members or the mayor from serving on the Charter Commission) to the Lino Lakes Charter Commission. 2. Continue discussion of the proposed charter amendment; 3. Reject referral of the proposed charter amendment to the Charter Commission. ATTACHMENTS 1. The petition (sample page) and City Attorney's opinion; 2. Minnesota Statutes, Section 410.12, relating to charter amendments; 3. Timeline for consideration of a Charter Amendment by ordinance; 4. Proposed Ordinance No. 01 -0 — 3 '2. _., • LAW OFFICES OF William G. Hawkins and Associates WILLIAM G. HAWKINS BARRY A. SULLIVAN October 7, 2005 Legal Assistants TAMMI J. UVEGES HOLLY G. PROVO Ms. Jean Viger Deputy Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Petition Dear Jean: 2140 FoutTH AVENUE Nom ANOKA, MINNESOTA 55303 PHONE (763) 427 -8877 FAx (763) 421 -4213 E -Man. HawkLawl @aol.com I am responding to your fax regarding the petition submitted by Robert Bening and Al Demotes to the City Council at the September 26, 2005 City Council meeting. I have reviewed the petition as well as the State statute pertaining to amendment of a charter. The provisions in the City Charter are not applicable to the subject matter that is listed in the petition since this is a request to amend the City Charter. The applicable statute that would govern this procedure is Minn. Stat. § 410. Based upon a review of the information submitted and the discussion at the City Council meeting, it does not appear to me that the Petitioners are attempting to institute an amendment to the Charter by petition as authorized in Minn. Stat. § C4174.12. The form of the petition does not meet the requirements of State law. 1 sh oui c{ u 410 It is my opinion that this is merely an advisory petition submitted to the City Council requesting that the Council initiate a proposed ordinance to amend the Charter as provided for in Minn. Stat. § 410, Subd. 5. ,The Council would have the discretion on whether or not to propose such an ordinance, submit it to the Charter Commission followed by submission to the voters for approval or rejection. In conclusion, the Council has the discretion to determine whether or not to proceed on this request but is not mandated to do so by the petition. If you have any questions, please contact me. William G. Hawkins WGH /tju - 3 3 - Robert Bening Al Demotts 6788 E Shadow Lake Road 7140 Rice Lake Road 09/26/2005 The Petition. Petition To Stop A Conflict Of Interest We the undersigned, who are registered voters in the City of Lino Lakes (the City), the City Council and /or the City Charter Commission to place on the November, 2006 state general election a referendum. This referendum would amend the City Charter to not allow the City Council members (including the Mayor) to also be members of the Lino Lakes Charter Commission. Proposed change to the Charter. On page three of the Lino Lakes City Charter. In Chapter II Section 2.04 insert "be a member of the City Charter Commission,". Section 2.04 would be as follows: Section 2.04. Incom atible Offices. No member of the Council shall be a member of the City Charter Commission, hold any paid municipal office or employment through the City other than that to which elected. Further, until one (1) year after the expiration of his/her term, no Mayor or Council Member shall be appointed or employed by the City in a compensated position which was created, or the compensation for which was increased, during his/her term as Mayor or Council Member. CC =ge to the Minnesota State Statutes Chapter 410 Section .05 before August 1, 2004 Subdivision 1. Appointment. No person shall be disqualified from serving on a charter commission by reason of holding any other elective or appointive office other than Judicial. After August 1, 2004 Except as otherwise provided in the charter, no person shall be disqualified from serving on a charter commission by reason of holding any other elective or appointive dffice other than judicial. The charter may provide that members of the governing body of the city cannot serve on the charter commission. - 3 4 - Petition To Stop A Conflict Of Interest We the undersigned, who are registered voters in the City of Lino the City Council and/or the City Charter Commission to place on the allovember, t2)006 state general election a referendum. This referendum would amend the City Charter to not allow the City Council members (including the Mayor) to also be members of the Lino Lakes Charter Commission. Signature: +M Ice.no 04-7r rk Address: Signature: Address: Signature: ^ Please print last name ^ Zip Code: 5 SaZ g' 3/ 774,1 " Please print last name ^ Zip Code: 2:73-0 3 bt, " Please print last name Zip Code: 5556 " Please print last name ^ •Address:7Z r- c')- 7 Z Zip Code: :2-g.it Signature: U Address: 6 721 -; j/ /3 ) g Signature: Address: 24 Tr Signature: Address: Signature: MY1 e)xit-n4 Tr, "s0 " Please print last name ^ Zip Code: 5C 3 E `1. " Pf print last name ^ Zip Code: Spo SC—'o B Address: / 3 L( Signature: Address: Signature: „c . 54ci a 4er ^ Please print last name " Zip Code: 6-6-0 " Please print last name " Zip Cod :S v j� " Please pr nt last name Zip Code: s-v 3 S✓ 1 Address: ^ Please print last name " SD 35 Zip Code: • Minnesota Statutes 2005, 410.12 Page 1 of 4 410.12 Amendments. Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. la. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: State of ss. County of being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed -36- http://www.revi sor.leg. state. mn. us / bin / getpub .pnp7pubtype= STAT_CHAP_SEC &year= curr... 2/8/2006 • • Minnesota Statutes 2005, 410.12 Page 2 of 4 (Signature of Circulator) Subscribed and sworn to before me this day of Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter -37- http://www.revi sor.leg. state. mn. us / bin / getpub .php ?pubtype= STAT_CHAP_SEC &year= curr... 2/8/2006 Minnesota Statutes 2005, 410.12 commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four - fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified voters equal in number to two percent of the total number of votes cast in the city at the last state general election or 2,000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter Page 3 of 4 -38- http://www.revisor.leg. state. mn. us /binl getpub .php'pubtype= STAT_CHAP_SEC &year= curr... 2/8/2006 Minnesota Statutes 2005, 410.12 Page 4 of 4 amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. HIST: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1 -4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1 -39- http://www.revisor.leg. state. mn. us / bin / getpub .php' ?pubtype= STAT_CHAP_SEC &year= curr... 2/8/2006 • • 0 0 b 0 Sao O z b Q 0 0 4r Charter Commi March 13 and March 27 a) 0 last a) ti a) -0 '5 0 0 Cn G"" y s. y U s. C) cc ca o U Timeline is based on the provisions of Minnesota Statutes, Section 410.12. • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. -06 AN ORDINANCE AMENDING CHAPTER 2 OF THE LINO LAKES CITY CHARTER, AMENDING SECTION 2.04, INCOMPATIBLE OFFICES. The City Council of the City of Lino Lakes does ordain: Section 1. That Chapter II, Section 2.04 Incompatible Offices is hereby amended to read as follows: Section 2.04 Incompatible Offices. No member of the Council shall be a member of the City Charter- Commission, hold any paid municipal office or employment through the City other than to which elected. Further, until one (1) 1111 year after the expiration of his /her term, no Mayor or Council Member shall be appointed or employed by the City in a compensated position which was created, or the compensation for which was increased, during his /her term as Mayor or Council Member. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2006. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: • Whereupon said ordinance was declared duly passed and adopted. • AGENDA ITEM ? STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: March 27, 2006 TOPIC: First Reading of Ordinance No. 03 -06 Repealing Drug Lab Ordinance (No. 21 -01) VOTE REQUIRED: Simple Majority BACKGROUND On November 13, 2001, the Lino Lakes City Council adopted Ordinance No 21 -01, adding language to the City Code regarding drug labs, declaring such sites to be hazardous properties and further establishing abatement and assessment authority for associated costs. The City Administrator has now been advised by City Attorney Barry Sullivan that the State of Minnesota has enacted a similar law that delegates responsibilities to county governments. In light of this new law that supersedes local authority Mr. Sullivan has suggested that it would be appropriate for the City of Lino Lakes to repeal its ordinance so as to remove any conflict or confusion. A copy of the State law is attached for your information. Police Chief Pecchia has been informed of this recommendation and concurs with the recommendation to repeal this ordinance. RECOMMENDATION Staff is recommending that the City Council approve First Reading of Ordinance 03 -06 Repealing Ordinance No. 21 -01. ATTACHMENTS 1. Correspondence from City Attorney recommending repeal of the City's drug lab ordinance; 2. Minnesota Statutes, Section 152.0275; 3. Ordinance No 21 -01, the language to be repealed. • • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. -06 AN ORDINANCE REPEALING ORDINANCE NO. 21 -01 ENTITLED NUISANCES: HEALTH RISK EXPOSURE AT CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES DECLARED TO BE A NUISANCE (Meth Lab Ordinance) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. That Ordinance No. 21 -01, approved by the City Council on November 13, 2001, be and hereby is repealed. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2006. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • LAW OFFICES OF William G. Hawkins and Associates WILLIAM G. HAWKINS BARRY A. SULLIVAN March 1, 2006 Legal Assistants TAMMI J. UVEGES HOLLY G. PROVO Gordon Heitke City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Meth Lab Ordinance Dear Gordon: 2140 Fouimi AVENUE Noxrii ANOKA, MINNESOTA 55303 PHONE (763) 427 -8877 FAx(763)421 -4213 E -MAi.. HawkLawl@aol.com A few years ago, the City adopted a comprehensive meth lab ordinance which declared these sites to be hazardous properties, ordered the abatement of these nuisances and authorized the City to assess costs for clean up. The 2005 Minnesota legislature followed the lead of Lino Lakes and other cities and adopted a very similar State statute. See Minn. Stat. §152.0275 (2005). Under the State statute, the authority and burden for cleaning up meth labs has been delegated to the county, local health department, or sheriff, which now have the responsibility of posting these sites, ordering clean up, and following through with abatement. This State statute supersedes local ordinance and I believe it is appropriate for the City Council to repeal our clandestine lab ordinance so as to remove any conflict or confusion. I am requesting that you place a repealer on the next appropriate City Council agenda to take the action necessary to repeal this ordinance. If you have any questions or comments, please feel free to call. Sir$ ger ly, f6 Ba91- 1 . Sullivan • BAS /hgp Minnesota ice of Revisor of S mutes Page 1 of 5 Legislature Home ( Links to the World 1 Help 1 As House Senate Joint Departments and Commissions Bill Search and Status ( Statutes, Laws, and Rules Minnesota Statutes 2005, 152.0275 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Minnesota Statutes 2005, Table of Chapters Table of contents for Chapter 152 152.0275 Certain controlled substance offenses; restitution; prohibitions on property use; notice provisions. Subdivision 1. Restitution. (a) As used in this subdivision: (1) "clandestine lab site" means any structure or conveyance or outdoor location occupied or affected by conditions or chemicals typically associated with the manufacturing of methamphetamine; (2) "emergency response" includes, but is not limited to, removing and collecting evidence, securing the site, removal, remediation, and hazardous chemical assessment or inspection of the site where the relevant offense or offenses took place, regardless of whether these actions are performed by the public entities themselves or by private contractors paid by the public entities, or the property owner; (3) "remediation" means proper cleanup, treatment, or containment of hazardous substances or methamphetamine at or in a clandestine lab site, and may include demolition or disposal of structures or other property when an assessment so indicates; and (4) "removal" means the removal from the clandestine lab site of precursor or waste chemicals, chemical containers, or equipment associated with the manufacture, packaging, or storage of illegal drugs. (b) A court may require a person convicted of manufacturing or attempting to manufacture a controlled substance or of an illegal activity involving a precursor substance, where the response to the crime involved an emergency response, to pay restitution to all public entities that participated in the response. The restitution ordered may cover the reasonable costs of their participation in the response. (c) In addition to the restitution authorized in paragraph (b), a court may require a person convicted of manufacturing or attempting to manufacture a controlled substance or of illegal activity involving a precursor substance to pay restitution to a property owner who incurred removal or remediation costs because of the crime. -45- file: / /C:\DOCUME- 1 \JULIE-1. BAR \LOCALS- 1\1emp \7U9G00A9.htm 3/8/2006 Page 2 of 5 Subd. 2. Property - related prohibitions; notice; Web site. (a) As used in this subdivision: (1) "clandestine lab site" has the meaning given in subdivision 1, paragraph (a); (2) "property" means publicly or privately owned real property including buildings and other structures, motor vehicles as defined in section 609.487, subdivision 2a, public waters, and public rights -of -way; (3) "remediation" has the meaning given in subdivision 1, paragraph (a); and (4) "removal" has the meaning given in subdivision 1, paragraph (a). (b) A peace officer who arrests a person at a clandestine lab site shall notify the appropriate county or local health department, state duty officer, and child protection services of the arrest and the location of the site. (c) A county or local health department or sheriff shall order that any property or portion of a property that has been found to be a clandestine lab site and contaminated by substances, chemicals, or items of any kind used in the manufacture of methamphetamine or any part of the manufacturing process, or the by- products or degradates of manufacturing methamphetamine be prohibited from being occupied or used until it has been assessed and remediated as provided in the Department of Health's clandestine drug labs general cleanup guidelines. The remediation shall be accomplished by a contractor who will make the verification required under paragraph (e). (d) Unless clearly inapplicable, the procedures specified in chapter 145A and any related rules adopted under that chapter addressing the enforcement of public health laws, the removal and abatement of public health nuisances, and the remedies available to property owners or occupants apply to this subdivision. (e) Upon the proper removal and remediation of any property used as a clandestine lab site, the contractor shall verify to the property owner and the applicable authority that issued the order under paragraph (c) that the work was completed according to the Department of Health's clandestine drug labs general cleanup guidelines and best practices. The contractor shall provide the verification to the property owner and the applicable authority within five days from the completion of the remediation. Following this, the applicable authority shall vacate its order. (f) If a contractor issues a verification and the property was not remediated according to the Department of Health's clandestine drug labs general cleanup guidelines, the contractor is liable to the property owner for the additional costs relating to the proper remediation of the property according to the guidelines and for reasonable attorney fees for collection of costs by the property owner. An action under this paragraph -46- file: / /C:\DOCUME-1\ JULIE- 1.BAR\LOCALS -1 \Temp \7U9GO0A9.htm 3/8/2006 Page 3 of 5 must be commenced within six years from the date on which the verification was issued by the contractor. (g) If the applicable authority determines under paragraph (c) that a motor vehicle has been contaminated by substances, chemicals, or items of any kind used in the manufacture of methamphetamine or any part of the manufacturing process, or the by- products or degradates of manufacturing methamphetamine and if the authority is able to obtain the certificate of title for the motor vehicle, the authority shall notify the registrar of motor vehicles of this fact and in addition, forward the certificate of title to the registrar. The authority shall also notify the registrar when it vacates its order under paragraph (e) (h) The applicable authority issuing an order under paragraph (c) shall record with the county recorder or registrar of titles of the county where the clandestine lab is located an affidavit containing the name of the owner, a legal description of the property where the clandestine lab was located, and a map drawn from available information showing the boundary of the property and the location of the contaminated area on the property that is prohibited from being occupied or used that discloses to any potential transferee: (1) that the property, or portion of the property, was the site of a clandestine lab; (2) the location, condition, and circumstances of the clandestine lab, to the full extent known or reasonably ascertainable; and (3) that the use of the property or some portion of it may be restricted as provided by paragraph (c). If an inaccurate drawing or description is filed, the authority, on request of the owner or another interested person, shall file a supplemental affidavit with a corrected drawing or description. If the authority vacates its order under paragraph (e), the authority shall record an affidavit that contains the recording information of the above affidavit and states that the order is vacated. Upon filing the affidavit vacating the order, the affidavit and the affidavit filed under this paragraph, together with the information set forth in the affidavits, cease to constitute either actual or constructive notice. (i) If proper removal and remediation has occurred on the property, an interested party may record an affidavit indicating that this has occurred. Upon filing the affidavit described in this paragraph, the affidavit and the affidavit filed under paragraph (h), together with the information set forth in the affidavits, cease to constitute either actual or constructive notice. Failure to record an affidavit under this section does not affect or prevent any transfer of ownership of the property. (j) The county recorder or registrar of titles must record all affidavits presented under paragraph (h) or (i) in a manner that ensures their disclosure in the ordinary course of a title search of the subject property. -47- file: / /C:\DOCUME -1\ JULIE --1. BAR \LOCALS --1 \Temp \7U9GO0A9.htm 3/8/2006 • • • Page 4 of 5 (k) The commissioner of health shall post on the Internet contact information for each local community health services administrator. (1) Each local community health services administrator shall maintain information related to property within the administrator's jurisdiction that is currently or was previously subject to an order issued under paragraph (c). The information maintained must include the name of the owner, the location of the property, the extent of the contamination, the status of the removal and remediation work on the property, and whether the order has been vacated. The administrator shall make this information available to the public either upon request or by other means. (m) Before signing an agreement to sell or transfer real property, the seller or transferor must disclose in writing to the buyer or transferee if, to the seller's or transferor's knowledge, methamphetamine production has occurred on the property. If methamphetamine production has occurred on the property, the disclosure shall include a statement to the buyer or transferee informing the buyer or transferee: (1) whether an order has been issued on the property as described in paragraph (c); (2) whether any orders issued against the property under paragraph (c) have been vacated under paragraph (j); or (3) if there was no order issued against the property and the seller or transferor is aware that methamphetamine production has occurred on the property, the status of removal and remediation on the property. (n) Unless the buyer or transferee and seller or transferor agree to the contrary in writing before the closing of the sale, a seller or transferor who fails to disclose, to the best of their knowledge, at the time of sale any of the facts required, and who knew or had reason to know of methamphetamine production on the property, is liable to the buyer or transferee for: (1) costs relating to remediation of the property according to the Department of Health's clandestine drug labs general cleanup guidelines and best practices; and (2) reasonable attorney fees for collection of costs from the seller or transferor. An action under this paragraph must be commenced within six years after the date on which the buyer or transferee closed the purchase or transfer of the real property where the methamphetamine production occurred. (o) This section preempts all local ordinances relating to the sale or transfer of real property designated as a clandestine lab site. HIST: 2005 c 136 art 7 s 9 -48- file: / /C:\DOCUME-1 \JULIE - 1.BAR \LOCALS-1 \Temp \7U9G00A9.htm 3/8/2006 No. 21 -01 Councilmember Reinert introduced the following Ordinance and moved its adoption: City of Lino Lakes Ordinance No. 21 -01 NUISANCES Health Risk Exposure at Clandestine Drug Lab Sites and Chemical Dump Sites Declared to be a Nuisance General Provisions (a) Purpose and Intent. The purpose of this Ordinance is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dump site may exist. The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of childbearing age, at risk when exposed through inhabiting or visiting the site, now and in the future. (b) Interpretation and Application. In their interpretation and application, the provisions of this Ordinance shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provisions of this Ordinance are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards of requirements shall prevail. Should any court of competent jurisdiction declare any section or subpart of this Ordinance to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the provision declared invalid. (c) Fees. Fees for the administration of this Ordinance may be established and amended periodically by resolution of the City Council. (d) Definitions. For the purposes of this Ordinance, the following terms or words shall be interpreted as follows: 1. Child shall mean any person under 18 years of age. - 49 - • • 2. Chemical dump site shall mean any place or area where chemicals or other waste materials used in a clandestine drug lab site have been located. 3. Clandestine drug lab shall mean the unlawful manufacture or attempt to manufacture controlled substances. 4. Clandestine drug lab site shall mean any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include dwellings, accessory buildings, accessory structures, a chemical dump site or any land. 5. Controlled substance shall mean a drug, substance or immediate precursor in Schedules I through V of M.S. 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. 6. Household hazardous wastes shall mean waste generated from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control, and Anoka County Health Department rules and regulations. 7. Manufacture, in places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, re- labeling, filling, or by other process, of drugs. 8. Owner shall mean any person, firm or corporation who owns, in whole or in part, the land, buildings, or structures associated with a clandestine drug lab site or chemical dump site. 9. Public health nuisance. All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance. Administration. (a) Law Enforcement Notice to Other Authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab site or chemical dump site that places neighbors, visiting public, or present and future occupants of the dwelling at risk for exposure to harmful contaminants and other associated conditions must promptly notify the appropriate municipal, child protection, and public health authorities of the property location, property owner if known, and conditions found. (b) Declaration of Property as a Public Health Nuisance. If law enforcement determines the existence of a clandestine drug lab site or chemical dump site, the property shall be declared a public health nuisance. (c) Notice of Public Health Nuisance to Concerned Parties. Upon notification by law enforcement authorities, the City Building Official shall promptly issue a Declaration of Public Health Notice for the affected property and post a copy of the Declaration at the probable entrance to the dwelling or property. The Building Official shall also notify the owner of the property by mail and notify the following parties: 1. Occupants of the property; 2. Neighbors at probable risk; 3. The City of Lino Lakes Police Department; and 4. Other state and local authorities, such as MPCA and MDH, that are known to have public and environmental protection responsibilities that are applicable to the situation. (d) Property Owner's Responsibility to Act. The Building Official shall also issue an order to abate the public health nuisance, including a specified time to complete each of the following: 1. Vacate those portions of the property, including building or structure interiors, that may place the occupants or visitors at risk. 2. Contract with appropriate environmental testing and cleaning firms to conduct an on -site assessment, complete clean-up and remediation testing and follow - up testing, and determine that the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. 3. Provide written documentation of the clean -up process, including a signed, written statement that the property is safe for human occupancy. (e) Property Owner's Responsibility for Costs. The property owner shall be responsible for all costs of vacation or clean-up of the site, including contractors fees and public costs for services that were performed in association with a clandestine drub lab site or chemical dump site clean-up. Public costs may include, but are not limited to: 1. Posting of the site; 2. Notification of affected parties; 3. Expenses related to the recovery of costs, including the assessment process; 4. Laboratory fees; 5. Clean-up services; 6. Administrative fees; and • 7. Other associated costs. (f) Recovery of Public Costs. 1. If, after service of notice of the Declaration of Public Health Nuisance, the property owner fails to arrange appropriate assessment and clean-up, the City Building Official is authorized to proceed in a prompt manner to initiate the on -site assessment and clean-up. 2. The City may abate the nuisance by removing the hazardous structure or building, or otherwise, according to Minnesota Chapter 463. 3. If the City abates the public health nuisance, in addition to any other legal remedy, the City shall be entitled to recover all costs plus an additional 25% of the costs for administration. The City may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special tax against the property in the manner as taxes and special assessments are certified and collected pursuant to M.S. 429.101. (h) Authority to Modify or Remove Declaration of Public Health Nuisance 1. The Building Official is authorized to modify the Declaration conditions or remove the Declaration of Public Health Nuisance. 2. Such modifications or removal of the Declaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling. Violations and Penalties. Any person violating any provision of this Ordinance is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in M.S.A. § 609.02, Subd. 3. This ordinance shall be effective immediately upon its passage by the City Council. Passed by the City Council of Lino Lakes this a day of October, 2001. -52- erge.°son, Mayor • Ann J. Blair, City Clerk The motion for the adoption of the foregoing Ordinance was duly seconded by o' Dnnne 1 1 and upon vote being taken thereon, the following voted in favor thereof, Reinert , Dahl , Bergeson , Carlson , & O'Donnell. I The following voted against same: ieieupon said Ordinance was declared duly passed and adopted. • (1)1 St-wt.-R-44 (-6 vvti, 3/2.7 AGENDA ITEM 3 C STAFF MEMBER Daniel Tesch, Director of Administration DATE 27 March 2006 SUBJECT Receptionist/Secretary Hiring VOTE REQUIRED 3/5 BACKGROUND We received nearly 200 applications for the position of receptionist/secretary for the Administration Depaitillent. The applications were screened, first interviews conducted by the city administrator, the deputy clerk and myself. We then tested and conducted second interviews with 6 finalists. Based on this we would like to make a tentative offer of employment to Ms. Carol Danielson. • This offer is contingent upon successful completion of our background check. We expect Carol to begin with the city early next month. OPTIONS 1. Extend an offer of employment to Ms. Carol Danielson. RECOMMENDATION Number One. • • • • AGENDA ITEM 6Ai STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 27, 2006 TOPIC: Resolution No. 06 — 47, Approving Development Contract, Millers Crossroads 3rd Addition Vote Required: Simple Majority BACKGROUND: The City Council approved a Preliminary Plat for Miller's Crossroads on September 22, 2003. The Final Plat for Miller's Crossroads 1st Addition was approved by the City Council on February 23, 2004 and the Final Plat for Miller's Crossroads 2nd Addition was approved by the City Council on January 24, 2005. Miller's Crossroads 3rd Addition provides for the construction of 32 residential units on a 2.7 Acre parcel of property near the intersection of Birch Street and Hodgson Road. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract. The contract provides for the following: 1. A Letter of Credit submitted by the developer for the development improvement costs is not required for this development, since the improvements were installed during the previous phase. 2. Submittal by the developer of a Letter of Credit in the amount of $40,000.00 representing 35 percent of the City improvement costs to insure the payment of assessments for this project. 3. Deposit of a cash escrow in the amount of $95,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site. Bruggeman Properties LLC, has reviewed the contract and are aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 — 47, approving Development Contract for Millers Crossroads 3rd Addition. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 06 — 47 be approved. Council Member introduced the following resolution and moved its IIadoption: • CITY OF LINO LAKES RESOLUTION NO. 06 -47 RESOLUTION APPROVING DEVELOPMENT CONTRACT, MILLER'S CROSSROADS 3RD WHEREAS, the City Council approved a Preliminary Plat for Miller's Crossroads on September 2003 with Resolution 03 -142, and; WHEREAS, the City Council approved the Final Plat for Miller's Crossroads 1st Addition on February 23, 2004, and; WHEREAS, the City Council approved the Final Plat for Miller's Crossroads 2nd Addition on January 24, 2005, and; WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements; NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Bruggeman Properties, LLC for Miller's Crossroads 3rd Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27t" day of March, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • Whereupon said resolution was declared duly passed and adopted. • • • DEVELOPMENT CONTRACT Millers Crossroads 3rd Addition THIS AGREEMENT made this 27th day of March 2006, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Bruggeman Properties, LLC whose address is 3564 Rollingview Drive, White Bear Lake, Minnesota, 55110, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Millers Crossroads 3rd Addition, hereinafter called "Subdivision ", said land is legally described to -wit Outlot C, MILLERS CROSSROADS, and Outlot J MILLERS CROSSROADS 2ND ADDITION according to the recorded plats on file and of record in the Office of the County Recorders Office, Anoka County, Minnesota. WHEREAS, the Developer requested that the City construct and finance certain improvements to service the subdivision; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property, and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and • • Development Contract Millers Crossroads 3rd Addition March 27, 2006 NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, preliminary street and utility plan, a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary was submitted and approved by the City with the first phase of the subdivision. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. page 2 - 5 8 - • • Development Contract Millers Crossroads 3rd Addition March 27, 2006 3. Tree Preservation Plan a) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been completed by the City Forester. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building penults will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1, II.A.2, and II.A.3 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. g) The Developer shall install four (4) inches of topsoil on all • boulevards and seed or sod as approved by the City. The Developer page 3 -59- Development Contract Millers Crossroads 3rd Addition March 27, 2006 • shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. • h) All disturbed areas shall be seeded. i) The front 50 feet of the lots, the street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. m) The developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building permits. 5. Final street grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter. 6. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. 7. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. 8. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 9. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 10. The Developer agrees to maintain, at all times before acceptance of the • streets by the City, an access road suitable for use by emergency, police and page 4 - 60 - • • Development Contract Millers Crossroads 3rd Addition March 27, 2006 fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 11. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 12. Street Lighting: a) Residential street lighting shall be owned by the City. Such street lighting system shall be installed, operated, and maintained by the electric utility company. City and electric utility company may enter into a contractual agreement on the rate and maintenance of the street lighting system. City shall use escrow funds to pay for street light installation. b) It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. 13. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions, as the City shall determine. 14. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 15. The Developer shall be responsible for securing all site grading and development approvals and pettuits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading page 5 -61- • • Development Contract Millers Crossroads 3rd Addition March 27, 2006 or construction and prior to the City public utilities. 16. Cost of Developer's Improvements Attachment A. awarding construction contracts for and description are as shown on 17. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer's and City's Improvements as determined by the City. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 18. The Developer must obtain all necessary approvals from Anoka County. The Developer is responsible for acquiring any necessary right -of -way, temporary easements, or permanent easements for the construction. 19. The Developer shall construct and pay for all improvements as described in the landscaping plan. 20. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all teens and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified page 6 - 6 2 - • • Development Contract Millers Crossroads 3rd Addition March 27, 2006 check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. In the event of a default by Developer and after thirty (30) days prior written notice to Developer, the City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of performing the terms and conditions of this contract. Until Developer has completed the improvements required herein, the Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY'S IMPROVEMENTS A. No new City Improvements. IV RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Pages 1 -4 hereof. City shall provide to Developer upon payment of all the special assessments levied against a page 7 - 63 - • Development Contract Millers Crossroads 3rd Addition March 27, 2006 parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the plat and. the Developer Improvements including, but not limited to, the following (See attachment B for Breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Street Lighting - Install /Operate 10. Traffic Signing Improvements 11. Boulevard Tree Planting 12. Street - Storm Sewer - Pond Maintenance 13. Sealcoating Fund 14. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits except for as provided in VI. C. page 8 -64- • • • Development Contract Millers Crossroads 3rd Addition March 27, 2006 B. The Developer has submitted an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. C. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. D. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. page 9 - 6 5 - • • Development Contract Millers Crossroads 3rd Addition March 27, 2006 X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. Notwithstanding the foregoing, individual homeowners shall not be obligated to perform Developer's obligations hereunder. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: 1. Signage for the commercial site shall comply with the Miller's Crossroads Sign Plan, received August 28, 2003, including EIFS sign band. The location of the commercial monument sign shall be reviewed with a sign permit application. All signs require a sign permit. The residential page 10 - 6 6 - Development Contract Millers Crossroads 3rd Addition March 27, 2006 • association by laws must address ownership and maintenance of the community monument signs and sign landscaping. • • 2. Exterior lighting fixture must be 90 degree cutoff fixtures: this shall be verified prior to City Council review of a final plat. 3. Homeowners association by laws must include a funding mechanism to ensure that any private recreation facility for which the City granted credit toward park dedication is maintained as a recreation facility. The by laws also must address ownership and maintenance of the community monument signs and landscaping. 4. Right of entry shall be dedicated to Anoka County along Hodgson Road and Birch Street on the final plat. XIII. VIOLATIONS /BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and /or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION Park dedication in an amount of $66,400.00 shall be paid by the Developer to the City for the 32 units. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 11 - 6 7 - Development Contract Millers Crossroads 3`d Addition March 27, 2006 • DEVELOPER Bruggeman Properties, LLC CITY OF LINO LAKES • By By Developer Mayor ATTEST: By Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA On this personally appeared day of , 20_. before me, a Notary Public within and for said County, (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of Bruggeman Properties, LLC, a limited liability company under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said limited liability company. Notary Public page 12 - 6 8 - • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Miller's Crossroads - Phase III APPLICANT: Bruggeman Properties 3 -27 -2006 NUMBER OF REU's: 32 ASSESSED AREA (ac.): 2.7 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $0 2 EROSION CONTROL Estimate e $0 3 SITE ENGINEERING & SURVEYING Estimate e $0 4 LANDSCAPING Estimate e $0 5 STREET CONST. A. Subgrade /Base Course Estimate e $0 B. Wear Course Estimate e $0 6 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e $0 C. Surface Water Mgmt. Charge (s.f.) $0.073 a $8,617 • 7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,520 a $6,804 B. Trunk Credit $0 C. Trunk Unit Charge (REU) $1,095 $35,040 D. Lateral Estimate e $0 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,690 a $7,263 B. Trunk Credit $0 B. Trunk Unit Charge (REU) $1,765 a $56,480 C. Lateral Estimate e $0 SUBTOTALS: $0 $114,204 NOTE: • See Attachment B for security amounts to be posted a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study $o • ATTACHMENT B 3 -27 -2006 CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Miller's Crossroads - Phase III APPLICANT: Bruggeman Properties NUMBER OF REU's: 32 ASSESSED AREA (ac.): 2.7 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $2,500 b $2,500 B. Planner Review Fee $2,500 b $2,500 2 ENGINEERING A. Plan /Plat/Grading Review $0 b $5,000 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $0 b $0 D. Construction Staking $0 b $0 E. City Engineering $0 b $5,000 3 ADMINISTRATION A. Administration Fee 3% of const. a $0 B. Legal $1,000 b $1,000 C. Publications $1,000 b $1,000 4 DEVELOPMENT FEES A. Park Dedication *'` $2075 /REU d $66,400 B. Sealcoating Fee $0.27 /SF a $p C. Aerial Photo Fee 90 /unit a $2,880 5 BOULEVARD TREE PLANTING $465 /Frontage b $3,720 6 DEVELOPMENT SECURITIES A. Tree Preservation 95 /unit b $3,040 B. Street Lighting - installation $2500 /Light b $0 C. Street Lighting - operation b $0 D. Traffic Signing b $0 E. Street, St. Swr., Pond Maint. b $1,960 F. Other - Property Tax, FEMA b $0 TOTALS: $0 $0 $95,000 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $0 $0 $0 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $40,000 $0 $40,000 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $95,000 $95,000 NOTE: a: Cost by City policy b: Estimated Cost or Budget by City • c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study - 7 0 - SAGENDA ITEM 6. A) ii • • STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 27, 2006 TOPIC: Resolution 06 -29 Final Plat: Millers Crossroads 3rd Addition VOTE: 3/5 BACKGROUND The City Council approved the preliminary plat for Miller's Crossroads in September 2003 with Resolution 03 -142. The final plat for the first phase was approved by the City Council in February 2004, and the 2nd Addition was approved in January 2005. The final plat for the 3rd Addn. conforms to the approved preliminary plat. The City Attorney has reviewed the title commitment. The City Engineer has prepared a development agreement for the third addition. Conditions of approval relevant to platting have been addressed. The Planning & Zoning Board approved the final plat unanimously on February 8, 2006. The project approval included a phasing plan in four phases, 2003 through 2006. Since the first phase did not occur in 2003, the first two phases were combined in the first final plat. This final plat for the third addition complies with the phasing plan as shown: OPTIONS 1. Approve the final plat for Miller's Crossroads 3rd Addition. 2. Return to staff with direction. RECOMMENDATION Option 1 first final plat 2nd 3rd 2004 Addn. Addn. approved phasing plan year 2003 2004 2005 2006 total number of units to be final 22 47 50 32 151 platted OPTIONS 1. Approve the final plat for Miller's Crossroads 3rd Addition. 2. Return to staff with direction. RECOMMENDATION Option 1 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -29 RESOLUTION APPROVING THE FINAL PLAT FOR MILLERS CROSSROADS 3RD ADDITION WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the City Council approved the rezoning of the site with Ordinance Nos. 19 -03 and 20 -03 on September 22, 2003, and WHEREAS, the City Council approved the preliminary plat for Millers Crossroads with Resolution 03 -142 on August 22, 2003, and 1111 WHEREAS, Resolution 03 -142 included a phasing p lan for the final platting of the site with a specified number of dwelling units in each phase in accordance with the City's growth management policy and subdivision ordinance; and WHEREAS, the City Council approved the final plat for the first phase, Millers Crossroads, with Resolution 04 -24 on February 23, 2004; and WHEREAS, the City Council approved the final plat for Millers Crossroads 2nd Addition with Resolution 05 -03 on January 24, 2005; and WHEREAS, the final plat for Millers Crossroads 3rd Addition received by the City January 20, 2006 is consistent with the preliminary plat and the phasing plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Millers Crossroads 3rd Addition. • Adopted by the Lino Lakes City Council this day of , 2006. John J. Bergeson, Mayor ATTEST: • Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • Z p q B U U fA g 1�1 I]ILJi L L I y�1 7p k eooNbN 1 s I� �= T � I la'i1n0 a I 1 r--- 1 i;,._ -711 I r C11 I9.er,or I s ill ___. i____- L� I .1_-___i_ ,J \ -�\ /. n0 L9'9L0 j q \ \ \ naa io.1 I 4,00.009 H 101100 \ ' ! 00'90 \V/ w o \i- 0'*A aL� LI� Y 1 1 m1 C'N: —a— — —1 1 }1 i ::: ::1 L._ -1 0 H 101100 1t0 Ir- 1011 mut MUM LOMAX y0 !Vu e44' 'e °Y a rs k7 •Prro J a 101500\ o 7- / c� 1 i Bootr .p 4 o• Ps�Y` ``. \ f / L 9,u.rP-q �•r:e cJ SIC P•L,ry t -\ t • . '0N r , r rirr .. a 9.9 9, 1.406 1 T 0 \ \ V I I 1 r.v_ ago a 4 ; i P. : 82 Es s5 ql .90 1 5n p ^ W i4 i 415 i z: m;Lq m G w Ds= 2 O Ed pg,m F th'a — i g ., 4 - Q !ILPJ5 I51' 0'- '4' s- — 7 4 — 1 -4 CITY OF LINO LAKES RESOLUTION NO. 06 -54 Supporting the passage of legislation by the State of Minnesota (House File 3805 and Senate File 3526) designating a segment of Interstate Highway 35W as "Shawn Silvera Memorial Highway" Whereas, Shawn Silvera began his formal career in law enforcement in Coon Rapids as a community service officer in 1992; and Whereas, Officer Shawn Silvera was a police officer in Forest Lake from 1996 to 1997; and Whereas, Officer Shawn Silvera joined the Lino Lakes Police Department in 1997 and served with distinction until his untimely death in the line of duty, on September 6th, 2005; and Whereas, the City Council and the people of Lino Lakes desire to honor Shawn Silvera's service to our community; and Whereas, the City Council finds the designation of a segment of Interstate Highway 35W as "Shawn Silvera Memorial Highway" as an appropriate means of honoring Officer Silvera and his service to the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City Council of the City of Lino Lakes, Minnesota supports the passage of H.F 3805 and S.F. 3526 which designates a segment of Interstate Highway 35W as "Shawn Silvera Memorial Highway ". John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of March, 2006. 600 Town Center Parkway Phone: (651) 982 -2400 Fax: (651) 982 -2499 To: Representative Ray Vandeveer From: Mayor John Bergeson Company:. Fax Phone: CC: Pages: 2 Data March 27, 2006 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ As Requested • Comments: As requested, I am faxing the resolution passed by the Lino Lakes City Council this evening relative to designation of a segment of Hi l -35W in honor of Officer Shawn Silvera. If you need anything further, please contact the Lino Lakes City Clerk, Julie Bartell, at 651 - 982 -2406. Thank you. John Bergeson, Mayor COUNCIL MINUTES 1 2 3 4 5 DATE 6 TIME STARTED 7 TIME ENDED 8 MEMBERS PRESENT MEMBERS ABSENT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DRAFT CITY OF LINO LAKES MINUTES March 13, 2006 6:35 P.M. 7:15 P.M. O'Donnell, Reinert and Stoltz Mayor Bergeson and Carlson MARCH 13, 2006 Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins; Chief of Police, Dave Pecchia (part); City Engineer, Jim Studenski; Finance Director, Al Rolek; Economic Development Coordinator, Mary Alice Divine; Associate Planner, Paul Bengtson; and City Clerk, Julianne Bartell OPEN MIKE No one was present for open mike. Acting Mayor O'Donnell called for a moment of silence in acknowledgement of Mr. Art Hawldns, a Lino Lakes resident that passed away last week. SETTING THE AGENDA Items 1C, Miller's Crossroads and Item 3A, Appointment of Advisory Boards, were removed from the agenda. The agenda was approved as amended. CONSENT AGENDA Councilmember Stoltz moved to approve the Consent Agenda, as amended. Councilmember Reinert seconded the motion. Motion carried unanimously. ITEM Consideration of Expenditures: March 13, 2006 (Check No. 76079 — 76181, $177,355.96) Centennial fire District (Check No. 15077 — 15096,$8,371.03) Resolution No. 06 -42, Approving Temporary 1 ACTION Approved Approved 46 47 18 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 COUNCIL MINUTES MARCH 13, 2006 DRAFT On -Sale Liquor License for Circle -Lex Lions and Resolution No. 06-41, Authorizing Circle -Lex Lions to Conduct Off -Site Gambling, in Conjunct-ion With their Fundraising Dinner on April 22, 2006 at St. Joseph Catholic Church, 171 Elm Street Marshan Meadows: Resolution No. 06 -46, Approving Development Contract Resolution No. 06 -30, Approving Final Plan and Accepting Conservation Easement Resolution No. 06 -48, Approving Development Contract (Site Grading Only), Pine Glen Resolution No. 06 -43, Approving Payment Request No. 8 (Final) and Compensating Change Order No. 2, Birch Street and Hodgson Road Improvements Approved Approved Approved Approved Approved Approval of February 13, 2006, City Council Meeting Minutes Approved, as corrected at 3/13/06 work session FINANCE DEPARTMENT REPORT, AL ROLEK Continuation of Public Hearing Regarding Tax Abatement in Connection with the YMCA Project, Mary Alice Divine — Economic Development Coordinator Divine advised a public hearing was opened on February 27, 2006 regarding consideration by the City Council to provide additional tax abatement to the YMCA for the inclusion of a zero -depth leisure pool in the first phase of construction. The hearing was continued to complete negotiations regarding the City's and the YMCA's financial commitments and the YMCA's Residential Use Covenants. She reviewed the amended agreement that supersedes the original development agreement and business subsidy agreement with the YMCA that were approved on June 16, 2005. Economic Development Coordinator Divine noted the source of revenue that will be allocated for the City's additional $850,000 commitment would be tax abatement from the Tax Abatement District in Legacy at Woods Edge. Based on developer assumptions of anticipated values and phasing of the part of Woods Edge that is within the Tax Abatement District, a 15 -year abatement will generate in the range of $2,406,845. The capacity is available to meet an obligation of $2,350,000. Mr. John McCullen, Board of Directors YMCA, came forward and stated representatives from the YMCA are present this evening to answer any questions. He noted the YMCA is very excited about the project. 91 92 )3 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 20 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 COUNCIL MINUTES DRAFT MARCH 13, 2006 There was no one else present to speak during the public hearing. Councilmember Reinert moved to close the public hearing at 6:47 p.m. Councilmember Stoltz seconded the motion. Motion carried unanimously. Consideration of Resolution No. 06 -34, Approving an Amended and Restated Development Agreement Between the City of Lino Lakes and the YMCA of Greater Saint Paul, Mary Alice Divine — Councilmember Stoltz moved to approve Resolution No. 06 -34, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Consideration of Resolution No. 06 -40, Approving Property Tax Abatement Related to YMCA Facility, Mary Alice Divine — Councilmember Stoltz moved to approve Resolution No. 06 -40, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Consideration of Resolution No. 06 -49, Approving an Amended and Restated Business Subsidy Agreement Between the City of Lino Lakes and the YMCA of Greater Saint Paul, Mary Alice Divine — Councilmember Stoltz moved to approve Resolution No. 06 -49, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Continuation of a Public Hearing Regarding the Issuance of Revenue Notes for the Benefit of YMCA of Greater Saint Paul, Al Rolek — Finance Director Rolek advised the YMCA, in partnership with the City for the proposed Lino Lakes YMCA, has made a request to the City to issue tax exempt revenue notes to finance a portion of the project cost. The public hearing was opened at the February 27, 2006 City Council meeting to consider this request. Finance Director Rolek stated that following the public hearing, the City Council is to consider approval of Resolution No. 06 -50, granting approval to the issuanceof the revenue notes, authorizing and directing submission of the proposal to the Department of Employment and Economic Development ( "DEED "), authorizing an intent to reimburse costs with revenue note proceeds under IRC section 1.150.2, and calls for the YMCA to reimburse the City for costs incurred in connection with the project and the issuance of the notes. No one was present to speak during the public hearing. Councilmember Stoltz moved to close the public hearing at 6:58 p.m. Councilmember Reinert seconded the motion. Motion carried unanimously. Consideration of Resolution No. 06 -50, Granting Approval of the Issuance of Tax Exempt Revenue Notes for the Benefit of YMCA of Greater Saint Paul — Councilmember Reinert moved to approve Resolution No. 06 -50, as presented. Councilmember Stoltz seconded the motion. Motion carried unanimously. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH *IA* { o; e r .M 40,40a. l a e i gi ;aka �rn� Oies peleN4,I +r �3" ":teZfi ii COUNCIL MINUTES MARCH 13, 2006 DRAFT 136 There was no report from the Administration Department. 137 ;8 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 139 140 There was no report from the Public Safety Department. 141 142 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 143 144 There was no report from the Public Service Department. 145 146 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 147 148 Street Maintenance Projects: 149 150 Consideration of Resolution No. 06 -44, Approving Plans and Specifications and Authorizing 151 Advertisement for Bids, 2006 Sealcoat Project, Jim Studenski — City Engineer Studenski advised 152 the City maintains its streets each year by sealcoating. Candidate streets were selected based on 153 recommendation from the Pavement Management Report, Public Works input, and the feasibility of 154 locations. 155 156 I This year, approximately 6 miles of streets will be sealcoated at an estimated total project cost,of 157 $130,000. 158 159 Councilmember Stoltz moved to approve Resolution No. 06 -44, as presented. Councilmember 160 Reinert seconded the motion. Motion carried unanimously. 161 162 Consideration of Resolution No. 06 -45, Approving Plans & Specifications and Authorizing 163 Advertisement for Bids, 2006 Overlay Project — City Engineer Studenski advised in accordance 164 with the Pavement Management Program, staff has selected streets to be overlaid in 2006. Candidate 55 streets were selected based on recommendations from the Pavement Management Report, Public 166 l Works input, and feasibility of locations,An estimated total cost of $170,000 is to be allocated for this 167 year's project. 168 169 Councilmember Reinert moved to approve Resolution No. 06 -45, as presented. Councilmember 170 Stoltz seconded the motion. Motion carried unanimously. 171 172 Consideration of Second Reading of Ordinance 02 -06, Amending Ordinance 04 -04 for the 173 Purpose of Adding Signage Criteria to the Lino Lakes Town Center Design and Development 174 Guide, Paul Bengtson — Associate Planner Bengtson advised staff has crafted a final draft of the 175 Signage Criteria for the Legacy at Woods Edge Project. The City Council approved the first reading 176 of the Ordinance on February 27, 2006. 177 178 Associate Planner Bengtson noted staff has also attached Resolution No. 06 -39 as a summary of the 179 1 ordinance for publication purposes. He added that the Resolution would require a 4/5 vote of the 180 Council and with only three members present, that resolution can be considered at the next meeting. �5"arrtiaittedl Gent'Q' era�a 1 '"�*,:St , __ oele'ted s �Y. cep COUNCIL MINUTES MARCH 13, 2006 DRAFT 181 182 1 Councilmember Stoltz moved to approve second reading of Ordinance 02 -06, as presented. 33 Councilmember Reinert seconded the motion. 184 185 A roll call vote was taken. Yeas: Councilmember Reinert, Stoltz and Acting Mayor O'Donnell. 186 Nays: none. Absent: Councilmember Carlson and Mayor Bergeson. 187 188 Consideration of Resolution No. 06 -51, Approving Registered Land Survey, SE Quadrant of I- 189 35E/Main Street Interchange Area, Dick Schreier /Patriot State Bank, City Attorney Hawkins — 190 City Attorney Hawkins advised the City Council approved a Conditional Use Permit and Minor 191 Subdivision to allow construction of the east branch of the Lino Lakes State Bank on May 8, 2000. 192 The minor subdivision was required to create a new lot for the bank from the existing 30 plus acre 193 parcel. The bank was constructed following City approval and has been in operation for five years. 194 195 1 In August of 2005, the bankand Richard Schreier, the property owner, brought to the City's attention 196 that the minor subdivision/lot split had never been recorded. Staff was notified in February 2006 that 197 a Registered Land Survey would be required to facility the lot split because the property is registered 198 I or "Torrens" property governed by Minnesota Statutes, Chapter 508. Resolution No. 06 -51 approved 199 the Registered Land Survey. 200 201 Councilmember Reinert moved to approve Resolution No. 06 -51, as presented. Councilmember 202 Stoltz seconded the motion. Motion carried unanimously. 203 204 UNFINISHED BUSINESS 205 206 There was no Unfinished Business. 207 208 NEW BUSINESS 209 '10 Consider Approval of February 27, 2006 City Council Meeting Minutes (Councilmember Stoltz 211 was absent) — Councilmember Reinert moved to approve the February 27, 2006 City Council 212 Meeting Minutes, as presented. Acting Mayor O'Donnell seconded the motion. Motion carried with 213 Councilmember Stoltz abstaining. 214 215 Consider Approval of February 27, 2006 Council Work Session Minutes (Councilmember 216 Stoltz was absent) — Councilmember Reinert moved to approve the February 27, 2006 Council Work 217 Session Minutes, as presented. Acting Mayor O'Donnell seconded the motion. Motion carried with 218 Councilmember Stoltz abstaining. 219 220 COMMUNITY CALENDAR MARCH 14, 2006 THROUGH MARCH 27, 2006: 221 222 There was nothing noted under the Community Calendar. 223 {�tFortgaLiRd- tefe� ffiv -44 "a�pd4old6o 10-4 3 µ M. DeleFed �t i�A COUNCIL MINUTES MARCH 13, 2006 DRAFT 224 ADJOURN 225 26 There being no further business, Councilmember Stoltz moved to adjourn at 7:15 p.m. 227 Councilmember Reinert seconded the motion. Motion carried unanimously. 228 229 These minutes were considered and approved at the regular Council Meeting, March 27, 2006. 230 231 232 233 234 Julianne Bartell, City Clerk John Bergeson, Mayor 235 236 Transcribed by: 237 Kim Points 238 TimeSaver Off Site Secretarial, Inc. 239 6 eo CITY COUNCIL WORK SESSION 2 3 4 5 DATE 6 TIME STARTED 7 TIME ENDED 8 MEMBERS PRESENT 9 10 MEMBERS ABSENT I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DRAFT CITY OF LINO LAKES MINUTES MARCH 13, 2006 March 13, 2006 4:50 p.m. 6:28 p.m. Councilmember O'Donnell, Reinert, Stoltz Councilmember Carlson and Mayor Bergeson Staff members present: City Administrator, Gordon Heitke; Chief of Police, Dave Pecchia (part); Economic Development Coordinator, Mary Alice Divine; Finance Director, Al Rolek (part); City Engineer, Jim Studenski; and City Clerk, Julianne Bartell YMCA FUNDING Economic Development Coordinator Divine advised staff and the YMCA have concluded negotiations for consideration by the City Council regarding expanding the YMCA in the first phase of construction. She outlined the key points within the final agreement as well as the benefits to Lino Lakes residents. Economic Development Coordinator Divine advised the source of revenue that will be allocated for the City's additional $ 850,000 commitment would be tax abatement from the Tax Abatement District in Legacy at Woods Edge. Based on developer assumptions of anticipated values and phasing of the part of Woods Edge that is within the Tax Abatement District, a 15 -year abatement will generate in the rage of $2,406,845. The capacity is available to meet an obligation of $2,350,000. Economic Development Coordinator Divine reviewed the benefits the Council should consider by building the full YMCA now rather than later including the City will have a community center valued at approximately $8.2 million for a capital investment of $2.35 million. This item will appear on the regular Council agenda Monday, March 13, 2006, 6:30 p.m. CHARTER AMENDMENT PETITION PROCESS AND TIMELINE City Clerk Bartell advised the City Council received a petition to not allow City Council Members (including the Mayor) to also be members of the Lino Lakes Charter Commission at its September 26, 2005 meeting. City Clerk Bartell stated at that time, the Council directed staff to prepare a timeline indicating the process and schedule such an amendment could follow in order to be -81- 1, CITY COUNCIL WORK SESSION DRAFT 1 presented on the November 7, 2006 ballot. She referred to the schedule as well as a 2 written response from the City Attorney regarding insufficient petitions. MARCH 13, 2006 3 4 Staff is seeking Council direction on the petition. lithe Council wishes to proceed with 5 the process, it would be appropriate to place the matter on the agenda for an upcoming 6 City Council meeting for referral to the Charter Commission. 7 8 The majority of the Council requested this item be placed on the regular Council agenda 9 Monday, March 27, 2006, 6:30 p.m. 10 11 21ST AVENUEBACKAGE ROAD IMPROVEMENTS WITH CENTERVILLE 12 13 City Engineer Studenski advised the City of Centerville is proposing to construct a new 14 backage road, south of Main Street, between 20th Avenue South (CSAH 54) and 21st 15 Avenue. The proposed roadway project would also include the extension of 21St Avenue 16 to a point approximately 900 feet south of its existing terminus. The intent of the 17 proposed road project is to; 1) provide new access to commercial and industrial properties 18 south of main street; 2) provide vehicle circulation to off set access limitations 19 contemplated as part of the CSAH 14 reconstruction project; and 3) if built this year, 20 would serve to minimize business access disruption during the CSAH 14 project in 2007. 21 22 City Engineer Studenski advised it is staffs understanding that the City of Centerville has 23 authorized preparation of plans and specifications for the project, called for a hearing on 24 improvements, and authorized eminent domain proceedings for their portions of the 25 project. 26 27 City Engineer Studenski stated while staff supports the concept of the backage road; there 28 are several issues that need to be resolved prior to the City of Lino Lakes taking action on 29 the project. As proposed in the JPA, Lino Lakes would be responsible for 50% of the 21st 30 Avenue extension costs estimated at $150,000 and acquisition of the right -of -way in Lino 31 Lakes. The City does not have this project programmed in its draft Five Year Financial 32 Plan and does not have a potential funding source other than special assessments to the 33 benefiting property owner or a property tax levy. Staff is not recommending the use of 34 property taxes for this project. 35 36 City staff has made it clear to Centerville staff that Lino Lakes cannot move forward with 37 the project without an assessment agreement with the benefited property owner and 38 dedication of right -of -way. Staff would recommend that the proposed intersection of the 39 1 backage road and Northern Lights Blvd lie shifted southerly to line up with the existing ue�etea 71e ' 'y, yr P� 40 utilities and roadway corridor. Centerville has expressed concern with that alignment due m .,, 41 to additional Clearwater Creek flood plain impacts that would need to be addressed and 42 potentially delay the project. 43 44 The Council directed staff to continue to work with the City of Centerville on this project 45 and keep the Council up to date on the eminent domain process. 2 -82- CITY COUNCIL WORK SESSION MARCH 13, 2006 DRAFT 1 2 WHITE BEAR TOWNSHIP LOW PRESSURE SANITARY SEWER SYSTEM (SE 3 LINO LAKES 4 5 City Engineer Studenski advised White Bear Township is extending a low - pressure 6 sanitary sewer and water main system to their northern limits of the Township just south 7 of C.R. J and West Bald Eagle Boulevard. The City of Lino Lakes has been contacted by 8 White Bear Township to see if we are interested in a future extension of their proposed 9 utility project. Also, the Township has received a petition from their resident requesting 10 connection to the new utilities for a vacant lot owned in Lino Lakes. The vacant lot abuts 11 the Township on West Bald Eagle Boulevard where the new utilities are to be installed. 12 The actual connection location would be North Hobe Court in White Bear Township. 13 This is an existing neighborhood currently serviced by private systems. 14 15 City Engineer Studenski explained that if feasible, the new system could be enlarged to 16 provide future service to the West Oaks neighborhood in Lino Lakes. Lino Lakes would 17 pay the extra cost. It should be noted that White Bear Township is anticipating 18 constructing the improvements this spring. Any additional costs related to capacity 19 increases to service Lino Lakes are not currently programmed within the draft Five Year 20 CIP. Costs for this type of improvement would typically be borne by the City Trunk 21 Utility Fund. Any consideration of agreement with White Bear Township would need to 22 include evaluation of financing of the project. 23 24 City Engineer Studenski noted the area in Lino Lakes is currently defined as Low Density 25 Unsewered Residential. It is outside of the staged growth area and is outside of the 26 MUSA boundary. 27 28 The Council directed staff to continue to work with White Bear Township on this project. 29 30 INTERCHANGE IMT'ROVMENTS UPDATE 31 32 City Administrator Heitke advised staff is continuing to work with Anoka County, 33 Mn/DOT and State Legislators regarding funding for the 35W/Lake Drive and 35E/Main 34 Street interchanges. He provided a status update for each project. 35 36 The Council directed staff to continue to pursue reconstruction of both 35W and 35E 37 interchange reconstruction and work with the City's financial, engineering and legal 38 consultants to evaluate interchange funding sources including special assessments and 39 Municipal State Aid Funds. 40 41 The Council also agreed the City should use available State Aid Trunk Highway 42 Tumback funds to cover local share of costs related to 35E/Main Street preliminary and 43 final design, and 35W /Lake Drive and funding source review expenditures. The Council 44 agreed a resolution supporting the City of Centerville's proposed CSAH 14 and 45 interchange improvement legislation should not be placed on a future Council agenda. 46 CITY COUNCIL WORK SESSION MARCH 13, 2006 DRAFT 1 VISIONING PROCESS 2 3 City Administrator Heitke advised during the recent Council retreat, many issues were 4 discussed which indicated the need to review and update the Comprehensive Plan. 5 Therefore, it was determined that the Comprehensive Plan update will begin in 2006 and 6 be completed in 2007. 7 8 Following the report on the results of the community survey, the second step in the 9 Comprehensive Plan update process is completing a community visioning process. In 10 order to adhere to the 2007 Comprehensive Plan completion date, steps need to be taken 11 to initiate the community visioning process in order for this activity to proceed in a timely 12 manner. 13 14 I The Council directed staff to request proposals from consultants to conduct the 15 community visioning process. 16 17 REGULAR AGENDA ITEMS 18 19 Item IC, Miller's Crossroad 3rd Addition — this item was removed from the Consent 20 Agenda and will be placed on a future regular Council meeting agenda. 21 22 Item 3A, Advisory Appointments — this item was removed from the regular Council 23 agenda and will be placed on a future regular Council meeting agenda. The Council 24 determined the applicant that was not present for an interview would be included in the 25 selection process because the applicant is an incumbent and the Council previously did 26 not interview incumbents. 27 28 Item 1D, Consider Approval of February 13, 2006 City Council Meeting Minutes — It was 29 noted that page 3, line 36, should be corrected to read that Councilmember Stoltz voted 30 no in reference to the VLAWMO issue. 31 32 There were no other changes to the regular agenda. 33 34 The meeting was adjourned at 6:28 p.m. 35 36 These minutes were considered, corrected and approved at the regular Council meeting held on 37 March 27, 2006. 38 39 40 41 Julianne Bartell, City Clerk John Bergeson, Mayor 42 43 Transcribed by: 44 Kim Points 45 TinieSaver Off Site Secretarial, Inc. ----- FaFtimaE�ed r)reaterg� �{irr ;;;